Patna High Court

Alauddin AnsariversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted because the petitioner had a clean antecedent and no material evidence directly linked him to the alleged offences.

Summary

The petitioner, Alauddin Ansari, sought anticipatory bail after learning of a pending case under Sections 223, 152, 196 and 197 of the Bharatiya Nagarik Suraksha Sanhita relating to a Muharram procession. The prosecution alleged that a flag of Philistine was displayed during the procession, disturbing communal harmony, and that the petitioner, as a member of the procession's licensing committee, was involved. The petitioner contended that he had no role in the incident, that the flag was held by another accused, Md. Samad, and that no material was recovered from him, emphasizing his clean antecedent. The State opposed the bail, arguing the seriousness of the offences. Considering the lack of direct evidence against the petitioner, his clean record, and the nature of the allegations, the court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the B.N.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances
Whether the petitioner is likely to commit the alleged offences under Sections 223, 152, 196 and 197 of the B.N.S.
Whether Section 482(2) of the B.N.S. can be invoked to impose conditions on the anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 152, 196, 197, 223, 482

Subjects

anticipatory bail
communal harmony
procession
clean antecedent
Section 482
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82809 of 2025
                       Arising Out of PS. Case No.-724 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 Alauddin Ansari son of Nizam Ansari Village- Chhoti Dargah PS -Nawada,

                 Dist- Nawada



                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar



                                                                            ... ... Opposite Party/s

                 ======================================================

                 Appearance :

                 For the Petitioner/s     :       Mr. Pramod Kumar Verma, Adv.

                 For the Opposite Party/s :       Mr. Mohammed Arif, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 223, 152,

                   196, 197 of B.N.S.

                                 3. As per prosecution case, on 07.07.2025, a

                   procession of Muharram was held and in that procession one

                   boy was holding flag of Philistine on a vehicle and that person

                   was identified as Md. Samad. It is further alleged that this
Patna High Court CR. MISC. No.82809 of 2025(2) dt.05-01-2026
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          petitioner     other co-accused persons are the licensee of the

          procession who did not follow the rule and regulation of a

          procession as a result of which, a communal harmony of this

          area was disturbed.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence as alleged.

          It was co-accused Md. Samad who holding the alleged flag. As

          per FIR, it is apparent that the petitioner is one of the member of

          committee of licensee of Muharram procession and he has no

          concern with the alleged occurrence. Nothing has been

          recovered from the possession of this petitioner. Petitioner

          claims clean antecedent.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering the aforesaid facts, clean antecedent of

          this petitioner and other circumstances of the case, this

          anticipatory bail is allowed and it is ordered that let the above

          named petitioner in the event of his arrest/surrender before the

          court below within a period of eight weeks from today, be

          enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned C.J.M., Nawada in connection with
           Patna High Court CR. MISC. No.82809 of 2025(2) dt.05-01-2026
                                                       3/3




                     Nawada P. S. Case No. 724 of 2025, subject to condition as laid

                     down under Section Section 482(2) of the Bharatiya Nagarik

                     Suraksha Sanhita.



                                           (Prabhat Kumar Singh, J)
shivam/-

U      T

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