Patna High Court
Aslam AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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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