Patna High Court
Samim AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Samim Ansari, was arrested in connection with a violent assault on an informant and his family, which allegedly resulted in the death of Sattar Ansari. He was charged under Sections 189(2), 126(2), 115(2), 109 and 103(2) of the B.N.S. The petitioner claimed he was falsely implicated, had no specific act or weapon attributed to him, and highlighted that co‑accused Sakina Khatoon and Sakila Khatoon had already been granted bail. The State opposed bail, but the court, after hearing both sides, found the allegations against the petitioner to be general and not specifically linked to him. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges of assault and death under the B.N.S. provisions.
Legislation cited
- B.N.S. — s. 103(2), 109, 115(2), 126(2), 189(2)
Subjects
- bail
- criminal procedure
- assault
- death
- judicial custody
- co‑accused
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8102 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Samim Ansari, S/O Amsul Ansari, Resident of Village- Naya Tol Dubahi
Bazar, P.S.- Basopatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the State : Mr. Chandra Bhushan Prasad, APP
For the Informant : Mr. Subhash Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner, learned counsel
for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection with
Basopatti P.S. Case No. 133 of 2025 registered for the offence
punishable under Sections 189(2), 126(2), 115(2), 109 and 103(2)
of B.N.S..
3. The case of the prosecution in short is that the
petitioner along with 25 other named accused persons, arrived at
the house of the informant and assaulted the informant and his
family members with lathi, danda, farsa, sword, due to which
some of the persons got seriously injured. In the last part, it is
submitted that Sattar Ansari died while he was being rushed to
D.M.C.H.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.8102 of 2026(2) dt.06-02-2026
2/2
offence. He has been falsely implicated in this case. The nature of
the allegation are general and omnibus. No specific overt act is
alleged against him. No specific weapon is attributed to him. It
has also been submitted that similarly situated other co-accused
persons, namely, Sakina Khatoon and Sakila Khatoon have already
been granted bail by this Court vide Cr. Misc. No. 88935 of 2025.
The case of this petitioner stands on similar footing. He is having
no criminal antecedent and he is languishing in judicial custody
since 26.09.2025.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Madhubani in connection with Basopatti P.S.
Case No. 133 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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