Patna High Court
Daulat AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied to petitioner No.1 but granted to petitioners No.2 to 6 subject to bail bond and surety conditions under Section 482(2).
Summary
The petitioners, six members of the Ansari family, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged assault and related offences. The allegation against petitioner No.1 was a direct assault on the informant with an iron rod, while the accusations against petitioners No.2 to 6 were limited to minor injuries and lacked specific overt acts. The State and the informant opposed bail, emphasizing the seriousness of the assault charge against petitioner No.1. The Court refused anticipatory bail to petitioner No.1 due to the specific and direct accusation, but granted anticipatory bail to petitioners No.2 to 6 on the condition of a bail bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The application was disposed of, with bail conditions imposed for the six petitioners except No.1.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 who is directly accused of assault with an iron rod.
- Whether anticipatory bail can be granted to petitioners No.2 to 6 in the absence of specific allegations and given their clean antecedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91577 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- GOPALPUR District- Gopalganj
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1. Daulat Ansari Son of Israyal Miya R/O Village - Rampur Jaga, P.S.-
Gopalpur, District - Gopalganj.
2. Ashique Ansari @ Asif Ansari Son of Israyal Miya @ Israyal Ansari R/O
Village - Rampur Jaga, P.S.- Gopalpur, District - Gopalganj.
3. Afroja Khatoon Daughter of Daulat Ansari R/O Village - Rampur Jaga, P.S.-
Gopalpur, District - Gopalganj.
4. Sarwari Khatoon Daughter of Daulat Ansari R/O Village - Rampur Jaga,
P.S.- Gopalpur, District - Gopalganj.
5. Sogra Khatoon Daughter of Daulat Ansari R/O Village - Rampur Jaga, P.S.-
Gopalpur, District - Gopalganj.
6. Gulsan Khatoon @ Gulsan @ Gulsan Bibi Wife of 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 Opposite Party/s : Mr. Ahmad Ali, A.P.P.
For the Informant : Mr. Akshay Ashish, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 351(2),
352, 118(2), 109, 74, 3(5) of the Bharatiya Nyaya Sanhita.
3. It is alleged that petitioner no. 1 hit on the back of
informant with iron rod due to which he sustained injury,
thereafter, all the accused persons abused and assaulted
Patna High Court CR. MISC. No.91577 of 2025(2) dt.19-01-2026
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informant and others.
4. Learned counsel appearing for the petitioners
submits that specific accusation of assault is against petitioner
No. 1. So far rest of the petitioners are concerned, there is no
specific allegation of any overt act against them. Injuries
attributed to petitioner nos. 2 to 6 are simple in nature.
Petitioners claim clean antecedent.
5. Learned counsel for the State as well as learned
counsel for the informant vehemently opposed the bail
application and submits that petitioner No. 1 assaulted on the
back of informant with iron rod.
6. Considering the specific and direct accusation of
assault against petitioner no. 1, prayer for anticipatory bail of
petitioner No. 1 is refused.
7. However, considering the nature of accusation
against petitioner Nos. 2 to 6 and clean antecedent, the
anticipatory bail with regard to petitioner Nos. 2 to 6 is
allowed and it is ordered that the above named petitioner Nos. 2
to 6 in the event of their arrest/surrender before the court below
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.91577 of 2025(2) dt.19-01-2026
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Judicial Magistrate, 1st Class, Gopalganj in connection with
Gopalpur P. S. Case No. 222 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
8. This application is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
Navya/-
U T
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