Patna High Court

Shamsul Ansari @ Samsul AnsariversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Shamsul Ansari was arrested in connection with Basopatti P.S. Case No. 133 of 2025, alleged to have participated in a mob assault on an informant’s family that resulted in serious injuries and the death of Sattar Ansari. The prosecution charged him under Sections 189(2), 126(2), 115(2), 103(2) and 109 of the B.N.S., 2023, asserting his involvement with 24 other accused. The petitioner contended that he was falsely implicated, that the allegations were vague and no specific overt act or weapon was attributed to him, and highlighted that co‑accused Sakina Khatoon and Sakila Khatoon had already been granted bail. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the Court found the petitioner's claim of lack of specific incrimination persuasive and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties.

Issues considered

Whether the petitioner’s alleged participation in the assault warrants denial of bail despite the seriousness of the offences.
Whether the charge sheet sufficiently specifies the petitioner’s alleged overt acts to justify continued custody.

Legislation cited

B.N.S., 2023 — s. 103(2), 109, 115(2), 126(2), 189(2)

Subjects

bail
criminal procedure
assault
false implication
surety
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9578 of 2026
                    Arising Out of PS. Case No.-133 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Shamsul Ansari @ Samsul Ansari S/o- Late Basir Ansari R/v- Kasera Ps-
                 Harlakhi Dist- Madhubani, A/P- Naya Toll Dubhi Bazar Ps- Basopatti Dist-
                 Madhubani


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Fahad Khurshid, Adv.
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Basopatti P.S. Case No. 133 of 2025 registered for the

                   offence punishable under Sections 189(2), 126(2), 115(2),

                   103(2), 109 of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   petitioner along with 24 other named accused persons, arrived

                   at the house of the informant and assaulted the informant and

                   his family members with lathi, danda, farsa, sword, due to

                   which some of the persons got seriously injured. In the last part,

                   it is submitted that Sattar Ansari died while he was being rushed
Patna High Court CR. MISC. No.9578 of 2026(2) dt.18-02-2026
                                            2/3




          to D.M.C.H.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the nature

          of allegation is general and omnibus. No specific overt act is

          alleged against the petitioner. No specific weapon is attributed

          to him. It has also been submitted that similarly situated other

          co-accused persons, namely, Sakina Khatoon and Sakila

          Khatoon have already been granted bail by this court vide Cr.

          Misc. No. 88935 of 2025. The case of this petitioner stands on

          similar footing. He further submits that a statement has been

          made in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          05.07.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.9578 of 2026(2) dt.18-02-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned

                     Judicial Magistrate, 1st Class, Madhubani in connection with

                     Basopatti P.S. Case No. 133 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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