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Patna High Court

Md. Saud @ Sahud AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.

Summary

The petitioners, ten residents of Nimarang village, sought anticipatory bail fearing arrest in a case (Jamui P.S. Case No.485 of 2025) arising from a communal clash during a Lord Ganesh immersion where stone‑pelting and disorder occurred. The prosecution alleged offences under several sections of the BNS, identifying the accused from video footage and local testimony. The petitioners argued that the allegations were vague, they had no criminal antecedent, and a similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail. The Court, after considering the submissions, granted conditional anticipatory bail, requiring each petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in view of the alleged offences under the BNS.
  • Whether the allegations against the petitioners are specific enough to deny bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.

Legislation cited

  • BNS — s. 109, 115(2), 125(A), 125(B), 126(2), 190, 191(2), 196, 223, 299
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • communal clash
  • stone pelting
  • Section 482
  • criminal procedure
  • bail conditions
  • public order offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79330 of 2025
                         Arising Out of PS. Case No.-485 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
           1.     Md. Saud @ Sahud Ansari S/O Md. Jakir @ Md. Jakir Ansari All Residents
                  of Village- Nimarang, P.S.- Jamui, District- Jamui.
           2.    Md. Imran @ Imbo @ Md. Imran Ansari S/O md. Nizam @ Md. Hasim
                 Ansari All Residents of Village- Nimarang, P.S.- Jamui, District- Jamui.
           3.    Md. Naushad @ Md. Nausad Ansari S/O Mukhtar Alam @ Zibul Fakir All
                 Residents of Village- Nimarang, P.S.- Jamui, District- Jamui.
           4.    Md. Sonu @ Md. Imtiaaz Ali S/O Late Afzal @ Afzal Ansari All Residents
                 of Village- Nimarang, P.S.- Jamui, District- Jamui.
           5.    Md. Gullu @ Zabir Ansari S/O Azad Ansari @ Md. Geltu All Residents of
                 Village- Nimarang, P.S.- Jamui, District- Jamui.
           6.    Md. Nasim @ Md. Nasim Ansari S/O Md. Hasim @ Litto @ Md. Hasim
                 Ansari All Residents of Village- Nimarang, P.S.- Jamui, District- Jamui.
           7.    Md. Danish @ Md. Danish Ansari S/O Md. Hasim @ Litto @ Md. Hasim
                 Ansari All Residents of Village- Nimarang, P.S.- Jamui, District- Jamui.
           8.    Md. Kalim @ Md. Kalim Ansari S/O Md. Salim @ Md. Salim Ansari All
                 Residents of Village- Nimarang, P.S.- Jamui, District- Jamui.
           9.    Samim @ Md. Samim Ansari S/O Md. Salim @ Md. Salim Ansari All
                 Residents of Village- Nimarang, P.S.- Jamui, District- Jamui.
           10. Md. Arif S/O Md. Manzur raine @ Manzur All Residents of Village-
               Nimarang, P.S.- Jamui, District- Jamui.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Poonam Singh, Advocate
                 For the Opposite Party/s :        Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Jamui P.S. Case No.485 of 2025 instituted under Sections
Patna High Court CR. MISC. No.79330 of 2025(2) dt.05-01-2026
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          191(2), 190, 126(2), 115(2), 223, 196, 299, 125(A), 125(B) and

          109 of the BNS.

                       3. As per the prosecution case, during immersion of

          Lord Ganesa, member of two communities created ruckus and

          pelted stones against each other on account of which law and

          order situation had arises and after great difficulties, the idol

          was immersed and the accused persons were identified based on

          the video footage and by the local people.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have been falsely implicated in this

          case. He submits that allegation of assault is general and

          omnibus in nature. He further submits that there is no specific

          allegation against the petitioners. He submits that similarly

          situated other co-accused, namely, Md. Shahjad @ Md. Tannu

          has already been granted the privilege of anticipatory bail by a

          co-ordinate Bench of this Court vide order dated 08.12.2025

          passed in Cr. Misc. No. 79814 of 2025. The petitioners have no

          criminal antecedent and they undertake to cooperate in the trial

          and investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the case
           Patna High Court CR. MISC. No.79330 of 2025(2) dt.05-01-2026
                                                       3/3




                     and submissions of learned counsel for the parties, in the event

                     of arrest or surrender before the Court below within six weeks

                     from today, the petitioners be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

                     sureties of the like amount to each to the satisfaction of the

                     learned Chief Judicial Magistrate, Jamui in connection with

                     Jamui P.S. Case No.485 of 2025, subject to the conditions laid

                     down in Section 482(2) of the BNSS.



                                             (Sunil Dutta Mishra, J)
AjayMishra/-

U      T


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