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Patna High Court

Sher AliversusThe State of Bihar

Decided
Disposal
ALLOWED

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
     ======================================================
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
                                            3/4




          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
                                                       4/4




                     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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