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Patna High Court

Abdul Barik Ansari @ Abdul BarikversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petition for anticipatory bail.

Summary

The petitioners, Abdul Barik Ansari and Hedayat Ansari, applied for anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. The prosecution alleges that the petitioners, along with others, assaulted the brother of an informant and snatched cash, causing grievous injuries. The petitioners contended they are innocent, asserting that the allegations are vague, omnibus and lack any specific overt act, and highlighted their clean antecedents. The State opposed the bail, emphasizing the specific accusations in the FIR and the medical report confirming grievous injuries. After considering the specific and direct nature of the accusations and the seriousness of the injuries, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners given the specific accusations of assault and the nature of injuries sustained.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(3), 352

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • grievous injury
  • B.N.S. sections
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8644 of 2026
                        Arising Out of PS. Case No.-248 Year-2025 Thana- PUPRI District- Sitamarhi
                 ======================================================
           1.     Abdul Barik Ansari @ Abdul Barik S/o- Basir Ansari R/v- Balaha Maksudan
                  W.No-6, Ps- Pupri Dist- Sitamarhi
           2.    Hedayat Ansari @ Hedayat Ali S/o- Late Barish Ansari R/v- Balaha
                 Maksudan W.No-6, Ps- Pupri Dist- Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Uday Kumar, Advocate
                 For the State            :        Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 303(2), 352, 351(3) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   abused and assaulted brother of informant and also snatched

                   cash from his pocket.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that petitioners are quite innocent and

                   have committed no offence. Allegation of assault is general and
             Patna High Court CR. MISC. No.8644 of 2026(2) dt.23-02-2026
                                                         2/2




                       omnibus and no specific accusation of overt act has been alleged

                       against these petitioners. Petitioners claim clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioners and submitted that petitioners are named in the

                       F.I.R. and there is specific accusation that they, along with other

                       named accused persons, assaulted brother of informant. Doctor

                       has found the injuries, sustained by the injured, grievous in

                       nature.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and nature of

                       injuries sustained by the injured, the prayer for grant of

                       anticipatory bail to the petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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