Patna High Court
Md. Saud @ Sahud AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
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
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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
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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
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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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