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Patna High CourtCR. MISC./2255/2026bail granted

Md. Kousar Ansari v. The State Of Bihar

2026-01-28Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2255 of 2026 Arising Out of PS. Case No.-303 Year-2025 Thana- GURUA District- Gaya ====================================================== MD. KOUSAR ANSARI Son of Late Md. Mokhatar Ansari @ Ganauri Ansari Resident of village - Bela, P.S.- Gurua, District - Gaya, Bihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar, Adv For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Gurua P.S. Case No. 303 of 2025, registered for the offence punishable under Sections 109, 115(2), 118(1), 117(2), 132, 190, 191(2), 192(3), 196, 299 of the B.N.S., 2023.

3. The case of the prosecution in short as per the informant is that on 27.07.2025, the informant, Uday Kumar, received an order from the Sub-Divisional Officer stating that a fight had broken out between two communities in Bela village and a law and order situation had arisen. He was instructed to reach the spot as soon as possible. Upon receiving this information, the informant alongwith other officers immediately reached on the spot and found that a riot was taking place

Patna High Court CR. MISC. No.2255 of 2026(2) dt.28-01-2026 2/3 between the two communities. The police force attempted to quell the disturbance, but the rioters attacked the police with bricks and stones. There were 36 named rioters and 30-40 other unknown villagers were involved. Some people got injured. The matter was brought under control with the help of the SubDivisional Officer, BDO, SDPO, and other Sherghati officials. The dispute arose from a game played by Hindu and Muslim children, during which communal remarks were exchanged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case with ulterior motive. The alleged occurrence took place due to a scuffle between children. He further submits that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.

6. Considering the fact that there is a general and omnibus allegation against all the accused persons and there is no specific allegation against the petitioner and further taking into account that there is a declaration in paragraph 3 of the application that the petitioner has no criminal antecedent, this Court is inclined to grant privilege of anticipatory bail to the

Patna High Court CR. MISC. No.2255 of 2026(2) dt.28-01-2026 3/3 petitioner.

7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within 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 the learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Gurua P.S. Case No. 303 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Alok Kumar Sinha, J) kiran/- U T