Patna High Court
Mansur Ansari @ Md. Mansoor AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as there is no specific allegation against the petitioner and he possesses a clean antecedent.
Summary
Mansur Ansari was arrested in connection with an assault case (Basopatti P.S. Case No. 133 of 2025) under Sections 189(2), 126(2), 115(2), 103(2) and 109 of the B.N.S. He applied for bail, claiming a clean antecedent and arguing that the FIR contains only general, omnibus allegations and does not specifically charge him with assault. The prosecution opposed the bail. The High Court observed that the petitioner indeed has no prior criminal record and that the FIR does not specifically allege his participation in the assault. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the allegations and his clean antecedent
- Whether the lack of specific charges against the petitioner in the FIR warrants bail
Legislation cited
- B.N.S. — s. 103(2), 109, 115(2), 126(2), 189(2)
Subjects
- bail
- criminal procedure
- assault
- clean antecedent
- FIR
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88107 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Mansur Ansari @ Md. Mansoor Ansari S/o Amsul Ansari Resident of Village-
Naya Toal Dubhi Bazar, PS- Basopatii, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioner and Mr. Syed Mojihar Rahman, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
25.09.2025 in connection with Basopatti P.S. Case No. 133 of
2025, F.I.R. dated 16.06.2025 for the offences punishable under
Sections 189(2), 126(2), 115 (2), 103(2), 109 of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have reached at the informant
house and assaulted to the informant and his family members by
lathi, danda, farsa, sword due to which some persons got
injured.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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implicated in the present case. Although the petitioner is named
in the F.I.R. but from perusal of the F.I.R. it appears that there is
no specific allegation of assault alleged against the petitioner
rather the allegation are general and omnibus in nature. The
police after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 25.10.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, there is no specific allegation of
assault is attributed against the petitioner, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate, 1 st
Class, Madhubani, in connection with Basopatti P.S. Case No.
133 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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