Patna High Court
Akbar Ansari @ Anwar AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, granting anticipatory bail to the petitioners subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Summary
The petitioners, five members of the Ansari family, filed an application fearing arrest in a criminal case (PS No.57 of 2024) where they were charged under several IPC sections for assaulting a victim. The prosecution alleged that the petitioners had assaulted the victim, invoking sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. The petitioners contended that they were falsely implicated and that any injury caused was minor. The learned counsel for the petitioners sought anticipatory bail, invoking Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The court, after hearing both sides, found no sufficient ground to deny bail and allowed the application. Consequently, the petitioners were directed to obtain bail by furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of the cited statutes.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438(2) CrPC in view of the charges under IPC sections 341, 323, 324, 307, 379, 504 and 506/34.
- Whether the court can exercise its inherent powers under Section 482 of the BNSS to grant bail in this case.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Indian Penal Code offences
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76110 of 2025
Arising Out of PS. Case No.-57 Year-2024 Thana- Nawalpur District- West Champaran
======================================================
1. Akbar Ansari @ Anwar Ansari S/O Gulabuddin Ansari Resident of Village-
Samari Bhawanipur, Ward No-06, P.S-Nawalpur, Dist.- West Champaran
2. Afla Ansari @ Aflatun Ansari @ Afal Ansari Son of Mirhasan Ansari @
Hasan Ansari Resident of Village- Samari Bhawanipur, Ward No-06, P.S-
Nawalpur, Dist.- West Champaran
3. Abul Kalam Ahmad @ Abul Kalam Azad @ Kalam Azad @ Abdul Kalam
Son of Mirhasan Ansari @ Hasan Ansari Resident of Village- Samari
Bhawanipur, Ward No-06, P.S-Nawalpur, Dist.- West Champaran
4. Mirhasan Ansari @ Mirhasan Miyan S/O of Late Shaheb Jan Resident of
Village- Samari Bhawanipur, Ward No-06, P.S-Nawalpur, Dist.- West
Champaran
5. Gulabuddin Ansari @ Gulabuddin Miyan S/O of Ishahak Ansari @ Ishak
Ansari Resident of Village- Samari Bhawanipur, Ward No-06, P.S-Nawalpur,
Dist.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Dilshad Alam, Advocate
For the State : Ms.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Nawalpur P.S. Case No. 57 of 2024 instituted under
Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian
Penal Code.
3. As per the prosecution case, the petitioners are
said to have assaulted the victim.
Patna High Court CR. MISC. No.76110 of 2025(3) dt.10-03-2026
2/2
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
injury caused to the victim is simple in nature.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned J.M. 1 st
Class, Bettiah, West Champaran/concerned Court below in
connection with Nawalpur P.S. Case No. 57 of 2024, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…