Patna High Court
Imamuddin Ansari @ Gauvar AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Penal Code (BNS) — s. 109, 115(2), 118(1), 126(2), 303, 326(g), 329(3), 329(4), 3(5), 351(2), 352
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,
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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
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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
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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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