Patna High Court
Khurshed Ansari @ Khurshed Alam @ Khurashaed AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioners, Khurshed Ansari and Javed Ansari, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 109(1) and 3(5) of the Bhartiya Nyaya Sanhita. The FIR alleged that petitioner No.1 struck an informant with a fighter and petitioner No.2 held the informant, causing only simple injuries. The petitioners asserted a clean antecedent and argued that the nature of injury was minor. The State opposed the bail, contending the seriousness of the offences. The Court, considering the minor nature of the injury and the petitioners' clean record, ordered that they be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 each with two sureties, and required surrender within eight weeks, subject to Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita for the offences alleged.
- Whether the petitioners' clean antecedent and the minor nature of injury justify the grant of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 482
Subjects
- anticipatory bail
- criminal procedure
- clean antecedent
- Bhartiya Nyaya Sanhita
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87199 of 2025
Arising Out of PS. Case No.-579 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
1. Khurshed Ansari @ Khurshed Alam @ Khurashaed Ansari Son of Niyaji
Mian @ Neyaj Mian @ Naiyaj Ansari Resident of Village - Panchamwa,
Ward no. 05, P.S. - Shikarpur, Dist. - West Champaran.
2. Javed Ansari @ Javed Alam Son of Niyaji Mian @ Neyaj Mian @ Naiyaj
Ansari Resident of Village - Panchamwa, Ward no. 05, P.S. - Shikarpur, Dist.
- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma &
Mr. Hemant Ray
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in a case registered
for the offence under Sections 126(2), 115(2), 118(1), 109(1) &
3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., petitioner no. 1, having fighter in his
hand, struck on the stomach of informant and petitioner no. 2
caught hold of informant. Injury is simple in nature. Petitioners
claim clean antecedent.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
Patna High Court CR. MISC. No.87199 of 2025(2) dt.10-02-2026
2/2
5. Considering the nature of injury and clean
antecedent, 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-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - VI, West Champaran at
Bettiah in connection with Shikarpur P.S. Case No. 579 of 2025,
subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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