Patna High Court
Md. Rais Ansari @ Md. AnwarulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were vague and unsupported by post‑mortem evidence, warranting the grant of bail to the petitioners.
Summary
The petitioners, nine members of the Ansari family, were accused in Forbesganj P.S. Case No. 394 of 2024 of murdering the husband of an informant, allegedly by a group assault involving lathis and fists. The prosecution charged them under multiple IPC sections including 147, 148, 149, 341, 323, 302, 504, 506 and later under Section 304 for murder. The petitioners contended that the allegation of fatal assault was vague, that the informant’s eyewitness claim was uncorroborated, and that the post‑mortem report showed no visible injuries on the deceased, creating a serious doubt about the cause of death. The Additional Public Prosecutor admitted the lack of injuries but still argued the assault was fatal. The court found the allegations to be general and unsupported by medical evidence, deeming them doubtful on their face, and consequently ordered the release of all nine petitioners on bail with a bond of Rs. 10,000 each, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the allegations of murder based on a group assault are sufficiently specific to deny bail.
- Whether the absence of visible injuries in the post‑mortem report creates reasonable doubt about the cause of death.
- Whether the charge‑sheet under Section 304 IPC is appropriate given the evidentiary gaps.
- Whether bail can be granted under Section 482(2) of the BNSS in the circumstances.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 304, 323, 341, 504, 506
Subjects
- bail
- murder
- assault
- post-mortem
- IPC sections
- general allegation
- reasonable doubt
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69840 of 2024
Arising Out of PS. Case No.-394 Year-2024 Thana- FORBESGANJ District- Araria
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1. Md. Rais Ansari @ Md. Anwarul S/O Siraj Ansari Resident of Village-
Rampur North ward No. 05, P.S- Forbesganj, District- Araria.
2. Wajuddin Ansari @ Wajuddin S/O Rasul Ansari Resident of Village-
Rampur Dakshin ward No. 11, P.S- Forbesganj, District- Araria
3. Shahruk Ansari @ Sharuk S/O Safraz Ansari @ Sarfraz Ansari Resident of
Village- Rampur Dakshin ward No. 11, P.S- Forbesganj, District- Araria.
4. Sarfraz Ansari @ Md. Sarfraz @ Saifraz Ansari @ Safraz Ansari S/O Rasul
Ansari Resident of Village- Rampur Dakshin ward No. 11, P.S- Forbesganj,
District- Araria.
5. Shadab Ansari @ Shadab S/O Siraj Ansari Resident of Village- Rampur
Dakshin ward No. 11, P.S- Forbesganj, District- Araria.
6. Afroz Ansari S/O Rasul Ansari Resident of Village- Rampur Dakshin ward
No. 11, P.S- Forbesganj, District- Araria.
7. Muntasir Ansari @Muntasir @ Mustasir @ Mustahir S/O Wajuddin Ansari
Resident of Village- Rampur Dakshin ward No. 11, P.S- Forbesganj,
District- Araria.
8. Ahsab Ansari @ Ashab S/O Siraj Ansari Resident of Village- Rampur
Dakshin ward No. 11, P.S- Forbesganj, District- Araria.
9. Sabraj Ansari S/O Rahmat Ansari Resident of Village- Rampur Dakshin
ward No. 11, P.S- Forbesganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 04-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Forbesganj P.S. Case No. 394 of
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2024 registered for the offences punishable under Sections
147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal
Code.
3. The allegation against the petitioners is to commit
murder of the husband of the informant alongwith named co-
accused persons by causing physical assault by lathi, rod,
fight fists etc.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the allegation qua committing
physical assault which proves fatal subsequently is appearing
very much general and omnibus against all named co-accused
persons including petitioners. It is pointed out that the
informant claims herself as an eye-witness of the occurrence
and if it is true then certainly several visible injuries must to
be noticed upon the body of her deceased husband but upon
post-mortem no visible injuries was noticed upon the dead
body of the husband of informant, making a serious doubt
qua allegation as her husband was badly assaulted by twelve
named co-accused persons including petitioners. It is
submitted that cause of death could not ascertain, upon
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postmortem.
5. Arguing further, it is submitted by learned
counsel that after investigation qua apprehended co-accused
persons, the police submitted charge-sheet for the offence
punishable under Section 304 of the IPC and as such,
disbelieved the allegation of the informant qua committing
murder of her husband by petitioners and other co-accused
persons.
6. Learned APP while opposing the prayer of bail
submitted that all petitioners collectively assaulted the
husband of the informant which proves fatal. However, he
conceded that upon post-mortem no visible injuries was
noticed upon the dead body.
7. In view of aforesaid factual submissions and by
taking note of fact as allegation qua committing physical
assault is appearing very much general and omnibus against
all petitioners coupled with the fact that no visible injuries was
found by doctor upon body of deceased husband of the
informant during post-mortem in background of the allegation
that he was assaulted by 12 co-accused persons which prima
Patna High Court CR. MISC. No.69840 of 2024(4) dt.04-02-2026
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facie making the allegation doubtful on its face, accordingly,
all nine above named petitioners, in the event of their arrest
or surrender before the learned trial Court, within a period of
four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned 1st Additional Sessions Judge-cum-
Special Judge, Araria/concerned Court, where the case is
pending in connection with Forbesganj P.S. Case No. 394 of
2024 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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