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Patna High Court

Imteyazul Ansari @ Gonaur Ansari @ Intajul Ansari @ GonaurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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


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