Patna High Court
Md. Nasir Ansari @ Nasir Rahman AnsariversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
Petitioner 2 is entitled to pre‑arrest bail, whereas petitioner 1 is not.
Summary
The petitioners, Md. Nasir Ansari and his wife Hamrul Nisha, applied for pre‑arrest bail in a case involving serious offences under the Indian Penal Code arising from a land dispute. The FIR alleged that the petitioners, along with others, assaulted the informant’s husband with blunt weapons, leading to severe injuries and death. The petitioners claimed innocence and clean antecedents, while the State opposed bail. The court found that no specific allegation was made against petitioner 2 (the wife) and therefore granted her pre‑arrest bail subject to conditions under Section 482(2) of the BNSS, directing verification of her criminal record. Conversely, the court declined bail for petitioner 1, citing his alleged complicity in the homicide, and disposed of the application.
Issues considered
- Whether petitioner 2 is entitled to pre‑arrest bail despite the allegations in the FIR.
- Whether petitioner 1 should be granted pre‑arrest bail given his alleged involvement in the homicide.
- Whether Section 482(2) of the BNSS can be invoked to grant pre‑arrest bail in this case.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 302, 323, 324, 341, 504
Subjects
- pre‑arrest bail
- Indian Penal Code
- Section 482
- BNSS
- land dispute
- assault
- murder
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87092 of 2025
Arising Out of PS. Case No.-401 Year-2023 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
1. Md. Nasir Ansari @ Nasir Rahman Ansari Son of Md. Rahman Ansari @
Md. Rahuman Ansari Resident of village - Ginjas @ Gijash, P.S.- Jaitpur,
District - Muzaffarpur.
2. Hamrul Nisha @ Hajrul Nisha Wife of Md. Nasir Ansari @ Nasir Rahman
Ansari Resident of village - Ginjas @ Gijash, P.S.- Jaitpur, District -
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yugal Kishore, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Yugal Kishore, learned counsel appearing
on behalf of the petitioners and Mr. Raj Kishor Singh, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Session Trial No.519 of 2025 arising out Nagar P.S. Case
No. 401/2023 registered for the offence(s) punishable under
Sections 147,148,149,341,323,324,302,504 of the Indian Penal
Code.
3. As per the allegation made in the FIR, due to an
ongoing land dispute, the petitioners along with other accused
persons assaulted the informant’s husband using blunt weapons,
Patna High Court CR. MISC. No.87092 of 2025(2) dt.28-01-2026
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causing serious injuries to him due to denial of share in
ancestral property.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and they have
falsely been implicated in the present case. There is a general
and omnibus allegation levelled against the petitioners. The
petitioners and the informant are agnates. The petitioners have
clean antecedent. On these grounds, the petitioners seek to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR, I am of the opinion that petitioner no.2, who is
a female family member and there is no specific allegation
against her, has, prima facie, made out a case to be released on
pre-arrest bail.
7. The petitioner no.2, above named, is directed to be
released on pre-arrest bail, in the event of her arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.87092 of 2025(2) dt.28-01-2026
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satisfaction of learned District Court where the case is pending /
Concerned Court in connection with Nagar P.S. Case No.
401/2023, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner no.2 and if it is
found that the petitioner no.2 is involved in some other
cases, as what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
9. So far as, the petitioner no.1 is concerned and
considering his complicity in the offence leading to death of
the husband of the informant, I am not inclined the enlarge
the petitioner no.1 on pre-arrest bail.
10. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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