Patna High Court
Reyaz Ansari @ Baitullah AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, holding that the circumstances did not justify denial of bail.
Summary
The petitioner, Reyaz Ansari, applied for anticipatory bail in a case where he was alleged to have assaulted an informant with a knife during a night-time incident, allegedly to kill him. The FIR listed multiple offences under the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that he is a mason who was engaged in a construction contract with the informant and that a monetary dispute, not a criminal intent, led to the incident, resulting only in a simple injury. The court noted that the dispute arose from non‑compliance of a contractual obligation and that the injury was minor. Considering these facts, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail with conditions. The bail order required a bond of Rs.10,000 with two sureties and compliance with the Additional Chief Judicial Magistrate‑VI, Siwan.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging multiple serious offences.
- Whether the nature of the alleged assault (simple injury arising from a contractual dispute) warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303, 326(g), 329(3), 329(4), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- contractual dispute
- simple injury
- Section 482
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90608 of 2025
Arising Out of PS. Case No.-283 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Reyaz Ansari @ Baitullah Ansari S/O Kitabuddin Ansari R/O Village- Baldari
Tola, P.S- Daraundha, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Anupam
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 01-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Daraundha Police Station Case No. 283 of 2025, dated
04.06.2025, disclosing offences punishable under
Sections 126(2)/115(2)/118(1)/109(1)/326(g)/329(3)/329
(4)/352/303/351(2)/3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. The prosecution case, as per the First Information Report,
is that in the night of 02.06.2025, at about 01:30 AM,
while the informant was sleeping in his house with his
son and daughter, the accused persons, including the
petitioner, armed with knife, came there and the petitioner
gave a knife blow on the informant with an intention to
Patna High Court CR. MISC. No.90608 of 2025(3) dt.01-04-2026
2/3
kill him, due to which the informant sustained injury.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence
in the manner alleged. He further submits that the
petitioner is mason and he has taken contract for
construction of the house of the informant and there is
admitted money dispute between the parties. He further
submits that the informant has sustained simple injury.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the dispute arose between the parties for non-compliance
of the contractual obligation and the injury caused to the
informant is simple in nature, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-VI, Siwan, in
connection with Daraundha Police Station Case No. 283
Patna High Court CR. MISC. No.90608 of 2025(3) dt.01-04-2026
3/3
of 2025, subject to the conditions laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
Checking your session…