Patna High Court
Sahaban AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to bond, sureties, and surrender conditions under Section 482(2).
Summary
The petitioner, Sahaban Ansari, applied for anticipatory bail in a case registered under multiple sections of the B.N.S., 2023 relating to a land dispute in which he was alleged to have assaulted the informant. The petitioner asserted a clean record and claimed the allegations were false, noting that the injuries to the informant did not correspond to his alleged actions. The State opposed the bail, arguing the seriousness of the offences. The court examined the medical report, noting that the injuries were either mild or not attributable to the petitioner, and considered his willingness to cooperate. Relying on Section 482(2) of the CrPC, the court granted anticipatory bail with a bond of Rs.25,000 and two sureties, subject to conditions and a six‑week surrender period.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the offences listed in the B.N.S., 2023.
- Whether the nature of the alleged injuries and the petitioner’s background justify denial of bail.
- Whether the petitioner is likely to abscond or tamper with evidence if bail is denied.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- criminal law
- section 482
- B.N.S. offences
- land dispute
- injury assessment
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86256 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- KOCHAS District- Rohtas
======================================================
Sahaban Ansari S/O Late Dillu Ansari R/O Village - Anhari, P.S- Kochas,
Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 191(2), 190, 126(2),
115(2), 117(2), 109(1), 351(2) and 352 of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on account of dispute relating to land, accused
persons including the petitioner came and assaulted him by
spade causing injury on head and rest of the accused assaulted
by lathi, danda causing fracture of right hand.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the injury
Patna High Court CR. MISC. No.86256 of 2025(2) dt.20-01-2026
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report, annexed as Annexure-2, it would manifest that the
informant received three injuries out of which injury no.2,
which is pain and swelling over right shoulder, has been opined
to be grievous in nature but then petitioner is not alleged to have
assaulted the informant on his shoulder. It is next submitted that
as far as injury no.1, i.e., injury on head is concerned, the same
has been opined to be mild grievous. It is also submitted that
petitioner is not a criminal and on account of dispute relating to
land, both sides assaulted each other and even the side of the
petitioner also suffered injury. It is further submitted that
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the facts
that injury no.1 has been opined to be mild grievous, petitioner
is not a criminal and on account of dispute relating to land, the
occurrence is alleged to have taken place, let petitioner, above-
named, in the event of his arrest or surrender before the learned
trial court within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.25,000/-
Patna High Court CR. MISC. No.86256 of 2025(2) dt.20-01-2026
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(Rupees Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/Successor Court in connection with Kochas
P.S. Case No.161 of 2025, subject to the conditions as laid down
under Section 482(2) of B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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