Patna High Court
Sher AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
Bail was granted to the petitioners subject to stipulated conditions.
Summary
The petitioners, eleven residents of Maraujhia village, sought bail fearing arrest in connection with a communal clash case (Nasriganj PS Case No. 117 of 2025) involving offences under several sections of the Bihar Nagar Suraksha Sanhita. The police report described a fight between members of two religions, with slogans, brick‑battering, and weapons, resulting in injuries to police personnel. The petitioners argued that the FIRs were omnibus, naming 53 accused and 40‑50 unknown persons without specific allegations against them, and that they had clean antecedents. The State contended that the petitioners actively participated in the violence. The Court, noting the lack of specific accusation and the petitioners' clean record, granted bail subject to a Rs.5,000 bond, two sureties, and the condition that one bailor be a close family member, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- The applicability of bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in an omnibus FIR arising from communal violence
- Whether the petitioners' mere presence at the scene justifies their arrest despite lack of specific allegations
Legislation cited
Subjects
- bail
- criminal procedure
- omnibus FIR
- communal violence
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84178 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- NASRIGANJ District- Rohtas
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1. Sher Ali S/o Monaj Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S -
Nasariganj, District - Rohtas, Pin - 821310
2. Md. Ashjad Ansari S/o Aslam Ansari R/o Village - Maraujhia, Post -
Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310
3. Mazid Ansari S/o Wajid Alli Ansari R/o Village - Maraujhia, Post -
Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310
4. Pravez Alam S/o Vakil Ahmad R/o Village - Maraujhia, Post - Nasariganj,
P.S - Nasariganj, District - Rohtas, Pin - 821310
5. Md. Jawed Alam @ Awed Ansari S/o Wakil Ansari R/o Village - Maraujhia,
Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310
6. Khalid Ansari S/o Md. Samimullaha R/o Village - Maraujhia, Post -
Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310
7. Tausif Alam S/o Md. Fazele Haque R/o Village - Maraujhia, Post -
Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310
8. Saddam Hussain @ Saddam Ansari S/o Akhtar Ansari R/o Village -
Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin -
821310
9. Nasim Ansari @ Bablu Ansari S/o Kalam Ansari R/o Village - Maraujhia,
Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310
10. Arman Ansari S/o Ahmar Ansari R/o Village - Maraujhia, Post - Nasariganj,
P.S - Nasariganj, District - Rohtas, Pin - 821310
11. Sahid Ansari S/o Khalil Ansari R/o Village - Maraujhia, Post - Nasariganj,
P.S - Nasariganj, District - Rohtas, Pin - 821310
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Digamber Kumar Singh
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
Patna High Court CR. MISC. No.84178 of 2025(2) dt.07-01-2026
2/4
2 07-01-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Nasriganj P.S. Case No. 117 of 2025, registered for the
offences punishable under Sections 196, 190, 132, 115(2),
126(2), 109, 191(2), 191(3), 299 of the BNS.
3. The police, on an information with regard to the
communal tension between the members of the two religions,
reached to the place of occurrence and found that the persons of
both the sides were making slogans against each other which
resulted into some free fight and brick batting. The accused
persons were carrying lathi, danda and sword. On account of
such incidence, some of the police personnels have also
sustained injuries.
4.Learned Advocate for the petitioners taking this
Court through the FIR contended that the same has been
instituted against 53 named accused persons and 40-50
unknown persons but without there being any specific
accusation. Bare reading of the FIR, it is evident that there is no
whisper as to how in which manner the petitioners have participated in
the crime; only on account of the fact that the petitioners were
assembled when the incidence took place, their names have been
implicated in this case. Moreover, with respect to one and same
Patna High Court CR. MISC. No.84178 of 2025(2) dt.07-01-2026
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incidence, three FIRs have been instituted; one by the BDO and
the two others by both the sides. Prior to the institution of the
present case, the petitioners had absolutely clean antecedent and
now they undertake that they will fully cooperate in the
proceeding of the court. It has also been apprised to the Court
that other co-accused persons have also been granted bail by the
learned coordinate Bench of this Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
petitioners have actively participated in the crime.
6. Regard being had to the submissions made on
behalf of the parties and considering the omnibus nature of
accusation, coupled with the fact that prior to the institution of
the present case, the petitioners had absolutely fair antecedent,
let the petitioners abovenamed be released on bail, in the event
of their arrest or surrender before the court below within a
period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs.5,000/-
(five thousand) each with two sureties of the like amount each
to the satisfaction of the learned SDJM Bikramganj, Rohtas in
connection with Nasriganj P.S. Case No. 117 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Patna High Court CR. MISC. No.84178 of 2025(2) dt.07-01-2026
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Nagrik Suraksha Sanhita, 2023, with the further condition that
one of the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
Anjani/-
U T
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