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Patna High Court

Samim Ansri @ Samim AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to the conditions stipulated under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, four co‑villagers, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.) for allegedly assaulting an informant, his brother and family members with lathi and danda and stealing Rs 10,000. The FIR described a general assault arising from a petty dispute between the parties, with both sides sustaining injuries. The petitioners asserted a clean antecedent and argued that the allegations were omnibus. The State opposed the bail application. The Court, after considering the facts, ordered that the petitioners be released on bail provided they surrender within eight weeks, furnish bail bonds of Rs 10,000 each with two sureties of the same amount, and comply with conditions under Section 482 of the B.N.S., 2023.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under Sections 115(2), 109, 117(2), 303(2), 351(2), 352, 3(5) and 126(2) of the Bhartiya Nagrik Suraksha Sanhita.
  • Whether the seriousness of the alleged assault and theft justifies denial of bail.
  • Whether the conditions imposed under Section 482 of the B.N.S. are appropriate for granting bail.

Legislation cited

Subjects

  • bail
  • assault
  • theft
  • criminal procedure
  • Bhartiya Nagrik Suraksha Sanhita
  • Section 482
  • co‑villagers dispute
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88133 of 2025
                        Arising Out of PS. Case No.-195 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
           1.     Samim Ansri @ Samim Ansari S/o Jamalu Din @ Jamaludin Miya R/o
                  Village- Shekhpura Dih, PS- Amnaur, District- Saran
           2.    Mumtaz Ansari @ Mumataj Ansari S/o Jamaludin Ansari @ Jamaludin Miya
                 R/o Village- Shekhpura Dih, PS- Amnaur, District- Saran
           3.    Jainuddin @ Jahruddin @ Jainuddin Miya @ Jainudin Ansari S/o Jammadin
                 Miya R/o Village- Shekhpura Dih, PS- Amnaur, District- Saran
           4.    Hajrat Ali @ Hajarat Ali S/o Jainuldin @ Jainuddin R/o Village- Shekhpura
                 Dih, PS- Amnaur, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ankur Prakash Sinha
                 For the Opposite Party/s :       Mr.Anil Kumar Singh No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                      Heard learned counsel for the petitioners, who

                   appeared through V.C. and learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 115(2), 109, 117(2),

                   303(2), 351(2), 352, 3(5) and 126(2) of the B.N.S.

                                3. As per F.I.R., all the named accused persons,

                   including these petitioners, assaulted informant, his brother and

                   other family members with lathi and danda and also took away

                   Rs. 10,000/- from the pocket of informant.

                                4. Learned counsel for the petitioners submits that
           Patna High Court CR. MISC. No.88133 of 2025(2) dt.10-02-2026
                                                       2/2




                     both parties are co-villagers and due to some petty dispute,

                     Maarpeet took place, in which, both sides sustained injuries.

                     Case and counter case. Allegation of assault is general and

                     omnibus. Petitioners claim clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, 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 J.M. 1st Class, Saran at Chapra in

                     connection with Amnaur P.S. Case No. 195 of 2025, subject to

                     condition as laid down under Section 482 of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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