Patna High Court
Sarif Ansari @ Sarif MansuriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioner, Sarif Ansari, was charged under Sections 302 and 34 of the Indian Penal Code for the alleged assault and killing of a deceased person. He had been in custody since 28 May 2024 and claimed innocence, arguing that the victim had been consuming ganja and fell during a fight, resulting in a single injury that caused death. Independent witnesses supported his version of events. The State opposed the bail application, but the court considered the length of custody, the facts presented, and the lack of conclusive evidence. The court allowed regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount. The order was made on a prima facie basis and does not prejudice the trial.
Issues considered
- Whether regular bail should be granted to an accused in a murder case under Sections 302 and 34 IPC, considering the facts and period of custody.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- regular bail
- murder
- IPC 302
- IPC 34
- criminal procedure
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91628 of 2025
Arising Out of PS. Case No.-98 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Sarif Ansari @ Sarif Mansuri S/o Allauddin Mansuri R/o Vill/ Mohalla-
Madhubani Ghat, P.S.- Muffasil, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
Mr. Anil Kumar
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Banjariya P.S. Case No. 98 of 2024 registered for the offence
under Section(s) 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the allegation against
the petitioner and others is of assaulting and killing the
deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 28.05.2024. It is submitted that
only one injury has been found on the body of the deceased.
During investigation, independent witnesses have stated that the
deceased was consuming ganja, and when he was asked not to
consume ganja, a fight took place in which he fell down and
Patna High Court CR. MISC. No.91628 of 2025(5) dt.27-04-2026
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died.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the submissions of the parties, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Banjariya P.S. Case
No. 98 of 2024.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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