Patna High Court
Imteyazul Ansari @ Gonaur Ansari @ Intajul Ansari @ GonaurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, residents of Haruhani village, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. relating to assault, robbery, and outraging modesty. The prosecution alleged that on 23 July 2024 the accused, armed with lathis and a pistol, assaulted an informant, his family, and looted ornaments worth Rs. 2,00,000. The petitioners contended they were innocent, claiming the incident stemmed from a petty neighbor dispute with mutual injuries and no specific overt act was attributed to them. The State opposed the bail, but the court noted the general and omnibus nature of the accusations, the existence of a case‑and‑counter‑case, and the petitioners' clean antecedents. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under multiple sections of the B.N.S.
- Whether the general and omnibus nature of the accusations and the petitioners' clean antecedents justify bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 125, 190, 191(2), 191(3), 303(2), 329(4), 482(2), 61(2), 74
Subjects
- anticipatory bail
- criminal procedure
- Section 191
- Section 190
- Section 115
- Section 109
- Section 74
- Section 125
- Section 329
- Section 303
- Section 61
- Section 482
- neighbor dispute
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8653 of 2026
Arising Out of PS. Case No.-312 Year-2024 Thana- DHAKA District- East Champaran
======================================================
1. Imteyazul Ansari @ Gonaur Ansari @ Intajul Ansari @ Gonaur Son of
Samsul Ansari @ Shamshul Ansari Resident of village- Haruhani, P.S.-
Dhaka, District- East Champaran.
2. Imteyazul Haque @ Bhola Ansari @ Bhola @ Inhajul Haque @ Inajul
Ansari @ Inhajul Ansari Son of Late Rafique Ansari Resident of village-
Haruhani, P.S.- Dhaka, District- East Champaran.
3. Sahanaz Khatoon @ Shahnaj Begam wife of Imteyazul Ansari @ Intehajul
Ansari Resident of village- Haruhani, P.S.- Dhaka, District- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Abhishek Kumar, Advocate
For the State : Mr. Abhay Kumar, 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 191(2),
191(3), 190, 115(2), 109, 74, 125, 329(4), 303(2) and 61(2) of
the B.N.S..
3. As per prosecution case, on 23.07.2024 at about
10:30 AM, all the F.I.R. named accused persons, including these
petitioners, armed with lathi, fatha, iron rod and country made
pistol, surrounded son of informant and co-accused Kalam
Patna High Court CR. MISC. No.8653 of 2026(2) dt.23-02-2026
2/3
Ansari, Eklakhur Rahman Ansari, Ajim Ansari, Asfak Ansari
and Aslam Ansari assaulted him due to which he received
injuries and fell down on the ground. When informant and her
family members went to save him, all the named accused
persons assaulted them due to which they also sustained
multiple injuries. It is further alleged that the accused persons
also outraged the modesty of female members of the family and
looted ornaments worth Rs. 2,00,000/-.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
neighbors and due to petty dispute, maar-peet took place
between the parties in which both sides sustained injuries. There
is case and counter-case. Allegation of assault is general and
omnibus and no specific accusation of overt act has been alleged
against these petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties and clean antecedents of the
Patna High Court CR. MISC. No.8653 of 2026(2) dt.23-02-2026
3/3
petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Sikrahana at Dhaka, Motihari, East
Champaran in connection with Dhaka P.S. Case No. 312 of
2024, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…