Patna High Court
Ehsan Ansari @ Ahsan AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding that the injury report raised doubts about the alleged use of a sword and that the petitioner’s circumstances warranted release on bond.
Summary
Ehsan Ansari was arrested in connection with a police case alleging that he assaulted an informant with a sword, causing injuries to the neck and shoulder. The prosecution alleged offences under several sections of the B.N.S., while the defence argued that the medical report showed injuries caused by a hard, blunt object, not a sharp weapon, and that the petitioner had no prior criminal record and had been in custody since 8 November 2025. The informant’s counsel supported the prosecution’s version. After hearing both sides, the Patna High Court found the discrepancy in the injury report significant and, considering the petitioner’s lack of antecedents, ordered that bail be granted on a bond of Rs. 10,000 with two sureties. The order directs the petitioner to appear before the Judicial Magistrate, First Class, Gopalganj.
Issues considered
- What is the relevance of the medical injury report in assessing the charge of assault with a sword?
- Whether the petitioner’s lack of prior criminal record and the nature of the alleged injuries justify granting bail despite the seriousness of the offences.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- assault with sword
- injury report
- correlation of weapon and injuries
- judicial custody
- B.N.S. sections
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89623 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Ehsan Ansari @ Ahsan Ansari, S/O Daulat Ansari, R/O Village- Rampur Jaga,
P.S.- Gopalpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the State : Mr. Ahmad Ali, APP
For the Informant : Mr. Akshay Ashish, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Gopalpur P.S. Case No.222 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 351(2), 352,
118(2), 109, 74 and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner has assaulted with sword on the neck of the informant
and has also assaulted with the sword on his shoulder as well.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. It has further been submitted that the real
fact is that the petitioner and others have arrived at the door of
Patna High Court CR. MISC. No.89623 of 2025(3) dt.13-03-2026
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the informant and were assaulting them. There is also a counter
version of this case and from perusal of the injury report it will
transpire that Sadam Ansari, the informant of this case has
received following injuries:-
(i) Lacerated wound on left wrist joint, (ii) Lacerated
wound on left scapular region and (iii) Lacerated wound on left
side temporal region.
The doctor has opined that all the injuries caused by hard and
blunt substance. Learned counsel for the petitioner has also
submitted that the allegation against the petitioner is that he has
assaulted with sword which is a sharp cutting weapon whereas
the injuries according to the doctor caused by hard and blunt
substance. It has also been submitted that the injuries do not
correlate with the allegation. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
08.11.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.89623 of 2025(3) dt.13-03-2026
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petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned J.M. 1 st
Class, Gopalganj in connection with Gopalpur P.S. Case No.
222 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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