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Patna High Court

Imamuddin Ansari @ Gauvar AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bond and specified conditions.

Summary

The petitioners, three brothers employed as laborers and masons under the Pradhan Mantri Awaas Yojna, were implicated in a FIR alleging arson and attempted murder stemming from a labour‑charge dispute with the informant. They contended that the house in question was being constructed improperly and that a compromise had been reached between the parties, with no injury to the informant and the petitioners having clean antecedents. The State opposed the anticipatory bail application. The Court, noting the compromise, lack of injury, the petitioners' livelihood, and their clean records, exercised its power under Section 482(2) of the BNSS to grant anticipatory bail, subject to a bond of Rs.10,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from further offences. The order directs that bail be released within four weeks of arrest or surrender, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under sections 126(2), 115(2), 118(1), 109, 326(g), 329(3), 329(4), 352, 303, 351(2), 3(5) of the BNS.
  • Whether the existence of a compromise and absence of injury justify the grant of anticipatory bail.
  • Whether the petitioners' clean antecedents and livelihood considerations warrant bail under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • arson
  • attempted murder
  • compromise
  • clean antecedent
  • Section 482
  • bail conditions
  • labour dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90359 of 2025
                      Arising Out of PS. Case No.-283 Year-2025 Thana- DARAUNDA District- Siwan
                 ======================================================
           1.     Imamuddin Ansari @ Gauvar Ansari S/o Kitabuddin Ansari R/o Village -
                  Baldari Tola, P.S - Daraundha, District - Siwan
           2.    Imam Hussain @ Chini Ansari S/o Kitabuddin Ansari R/o Village - Baldari
                 Tola, P.S - Daraundha, District - Siwan
           3.    Zafar Ansari S/o Kitabuddin Ansari R/o Village - Baldari Tola, P.S -
                 Daraundha, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Kumari Anupam, Adv.
                 For the Opposite Party/s :      Mr.Abhay Kumar,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-01-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Darundha P.S. Case No. 283 of 2025 for the

                   offence punishable under sections 126(2), 115(2), 118(1) 109,

                   326(g), 329(3), 329(4), 352, 303, 351(2), 3(5) of the BNS

                   lodged on 04.06.2025 by the informant.

                                3. As per the prosecution case, the allegation against

                   the petitioners is that they, due to the dispute of labour charge

                   with the informant, set ablazed the thatched house of the

                   informant and also tried to kill him by means of knife. Anyhow,
Patna High Court CR. MISC. No.90359 of 2025(2) dt.15-01-2026
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          the informant could save his life but his thatched/asbestos house

          with other belongings were set on fire. Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that for

          a dispute that the house in question was supposed to be

          constructed, was not being constructed as per the map and the

          walls were erected in a zigzag manner. Petitioners are labours

          and mason (Mistry) who were entrusted to erect the wall at the

          instance of the contractor under Pradhan Mantri Awaas Yojna.

          There is a case and counter case between the parties and the

          other side has also lodged a case bearing Complaint Case No.

          1000/2025 against the informant and other under Sections

          115(2), 118(1),109, 303(2), 316(2) and 3(5) of the BNS.

          Learned counsel further submits that the compromise between

          the parties has also been arrived at which is appended with the

          anticipatory bail application as Annexure-2. There is no injury

          caused to the informant in this case which would be evident

          from the order impugned. Lastly, it has been submitted that the

          petitioners have got clean antecedent.

                       5. Learned APP opposes the prayer for anticipatory

          bail.

                       6. Considering the fact that the parties have entered

          into a compromise which is appended as Annexure-2 to the
Patna High Court CR. MISC. No.90359 of 2025(2) dt.15-01-2026
                                            3/4




          present petition and there being no injury to the informant and

          the petitioners are labourers and doing work for their livelihood

          and they have got clean antcedents,                  this Court is inclined to

          extend them the privilege of anticipatory bail.

                       7. Let the petitioners, above named, be released on

          bail in the event of arrest or surrender within a period of four

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) each with two sureties of like

          amount each to the satisfaction of learned ACJM-VI, Siwan in

          connection with aforesaid PS Case, subject to the conditions as

          laid down under Section 482(2) of the BNSS as well as the

          following conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                               (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
                                  will entail cancellation of his/their            bail
                                  bond by the Trial Court itself;
                                               (iii) the petitioner(s) shall in no
                                  way try to induce or promise or threat the
                                  witnesses or tamper with the evidences,
                                  failing which the State shall be at liberty to
             Patna High Court CR. MISC. No.90359 of 2025(2) dt.15-01-2026
                                                         4/4




                                               take steps for cancellation of the bail bonds;
                                                            (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his/their bail
                                               bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


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