Patna High Court
Abdul Barik Ansari @ Abdul BarikversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
Checking your session…