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Patna High Court

Md. Moharram Ansari @ Md. Mohram Ansari @ Md. MohrramversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to cash bond and conditions.

Summary

Md. Moharram Ansari was arrested in connection with a case (Nagar P.S. Case No. 401 of 2023) alleging offences under Sections 147, 148, 149, 341, 323, 324, 302 and 504 of the Indian Penal Code, including assault leading to death. The prosecution alleged that the accused assaulted the informant's husband, causing his death. The petitioner contended that he was falsely implicated due to a land dispute, that no specific overt act was attributed to him, and that he has no prior criminal record. The State opposed bail, while the petitioner highlighted his prolonged custody since 17‑11‑2025 and the grant of bail to a co‑accused in a related matter. Considering parity, the period of custody, and the lack of concrete evidence against the petitioner, the Court granted bail subject to a cash bond and three conditions, including appearance in court and non‑interference with witnesses.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the IPC.
  • Whether the petitioner has been falsely implicated and thus merits bail.
  • Whether parity with a co‑accused who was previously granted bail warrants granting bail to the petitioner.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • assault
  • murder
  • false implication
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9804 of 2026
                    Arising Out of PS. Case No.-401 Year-2023 Thana- MUZAFFARPUR TOWN District-
                                                       Muzaffarpur
                 ======================================================
                 Md. Moharram Ansari @ Md. Mohram Ansari @ Md. Mohrram S/o Late
                 Mumtaz Miya R/o Village - Kataroo, P.S - Paroo, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Nagar

                   P.S. Case No. 401 of 2023 instituted for the offences under

                   Sections 147, 148, 149, 341, 323, 324, 302, 504 of the Indian

                   Penal Code.

                               3. Prosecution case, in short, is that the accused

                   persons including the petitioner assaulted the husband of the

                   informant resulting in his death.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submits that general and

                   omnibus allegation has been made against the petitioner. No
Patna High Court CR. MISC. No.9804 of 2026(2) dt.10-03-2026
                                            2/3




          specific overt act is alleged against the petitioner. Learned

          counsel further submitted that there is land dispute between the

          parties and the petitioner is being dragged in this case due to the

          said dispute. It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 17.11.2025 and has no

          criminal antecedent. The co-accused person has already been

          granted bail by a coordinate Bench of this Court vide order

          dated 20.08.2025 passed in Cr. Misc. No. 21937 of 2025.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, claim based on parity as also the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Nagar P.S. Case No.

          401 of 2023, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or a

          close family member.

                       (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.9804 of 2026(2) dt.10-03-2026
                                                       3/3




                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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