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Patna High Court

Aslam AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court grants bail to petitioners 1 and 3 but denies bail to petitioner 2 pending framing of charge.

Summary

The petitioners, three members of the Ansari family, were arrested in connection with a violent incident alleged to have occurred on the eve of Muharram, where the informant's son was reportedly stabbed. They sought regular bail for offences under Sections 126(2), 127(2), 115(2), 118(1), 109, 351(2) and 3(5) of the BNS. The petitioners argued they have clean antecedents and that the allegations against petitioners 1 and 3 are vague, while the specific charge of stabbing applies only to petitioner 2. The State opposed bail, emphasizing the specific allegation against petitioner 2. The Court granted bail to petitioners 1 and 3 upon furnishing bond and sureties, but refused bail to petitioner 2, allowing him to renew the application after charge framing.

Issues considered

  • Whether the petitioners are entitled to regular bail for the offences alleged under the BNS.
  • Whether the specific allegation against petitioner no. 2 justifies denial of bail while the other petitioners may be released.

Subjects

  • bail
  • criminal procedure
  • false implication
  • clean antecedent
  • BNS sections
  • charge framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88984 of 2025
                    Arising Out of PS. Case No.-345 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Aslam Ansari S/O Nejamuddin @ Nejamuddin Ansari R/O Village -
                  Ramchandra, P.S. - Dhaka, Distt. - East Champaran.
           2.    Apsar Ansari @ Afsar Ansari @ Afasar Ansari S/O Nejamuddin @
                 Nejamuddin Ansari R/O Village - Ramchandra, P.S. - Dhaka, Distt. - East
                 Champaran.
           3.     Afjal Ansari @ Salamuddin Ansari S/O Sahabudin R/O Village -
                  Ramchandra, P.S. - Dhaka, Distt. - East Champaran.
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar No. 2, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

                   offences punishable under Sections 126(2), 127(2), 115(2),

                   118(1), 109, 351(2) and 3(5) of the BNS.

                                3. Learned counsel appearing on behalf of the

                   petitioners submits that petitioners are persons with clean

                   antecedent and the informant alleges that on the eve of

                   Muharram, his son was intercepted by the accused persons and

                   Apsar Ansari @ Afsar Ansari @ Afasar Ansari (petitioner no. 2)

                   stabbed him in the chest causing injury. It is further alleged that

                   Chhotu Ansari had conspired to get the son of the informant
Patna High Court CR. MISC. No.88984 of 2025(2) dt.16-01-2026
                                            2/3




          killed and accused were saying to kill Firdaus also. Further, on

          information, the family members came and the injured were

          admitted in the hospital.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that as far as petitioners no.

          1 and 3 are concerned, the allegation against them is general and

          omnibus in nature. It is next submitted that specific allegation of

          assaulting the injured by knife is against petitioner no. 2 i.e.

          Apsar Ansari @ Afsar Ansari @ Afasar Ansari. It is also

          submitted that petitioners are in custody since 10.10.2025.

                       5. Learned A.P.P. for the State vehemently opposes

          the prayer for regular bail of the petitioners and submits that

          there is specific allegation against Apsar Ansari @ Afsar Ansari

          @ Afasar Ansari (petitioner no. 2) of stabbing the injured

          causing injury on his chest.

                       6. After hearing the learned counsel for the parties,

          the petitioners no. 1 and 3, above named, are directed to be

          released on bail on furnishing bail bonds of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Trial Court where the case is pending

          in connection with Dhaka P.S. Case No. 345 of 2025.
           Patna High Court CR. MISC. No.88984 of 2025(2) dt.16-01-2026
                                                       3/3




                                  7. The Court is not inclined to release the petitioner

                     no. 2, namely, Apsar Ansari @ Afsar Ansari @ Afasar Ansari on

                     bail for the present. Hence, his prayer for bail is rejected.

                                  8. However, the petitioner no. 2 would be at liberty to

                     renew his prayer for bail after framing of charge.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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