Makbul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13614 of 2026 Arising Out of PS. Case No.-226 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Makbul Ansari S/O Jainuddin Ansari R/O Vill.- Bhatwaliya, P.S.- Manjhagarh, District- Gopalganj 2.

Bishal Sah @ Vishal Sah @ Vishal Gupta S/O Brijkishor Sah R/O Vill.- Bhatwaliya, P.S.-Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Manjhagarh P.S. Case No. 226 of 2025, dated 23.06.2025, lodged under Sections 126(2), 115(2), 109 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

3. As per the prosecution, FIR has been lodged against four named accused persons, including the present petitioners, alleging that they all assaulted the informant's son, due to which he was brutally injured and admitted to the hospital

Patna High Court CR. MISC. No.13614 of 2026(3) dt.29-04-2026 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that the informant herself admitted in the FIR that an earlier dispute had taken place with regard to outraging the modesty of the informant's daughter. Counsel further submits that the said content is absolutely wrong and that the actual facts are otherwise.

5. Counsel further submits that one member from the petitioners' side, namely, Ajay Kumar Sah, has filed a criminal case with regard to theft committed in the temple, namely, Ram Janki Mandir, and due to this reason, the informant's son, along with 5-6 friends, assaulted Ajay Kumar Sah and his son, for which a criminal case has been lodged bearing Manjhagarh P.S. Case No. 227 of 2025.

6. Counsel further submits that, with a view to save his skin, the present case has been lodged, and the informant's son has completely changed the story and instituted the present case. Furthermore, counsel submits that on the previous occasion, the case diary and injury report had been called for.

7. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that the case diary has been called for.

Patna High Court CR. MISC. No.13614 of 2026(3) dt.29-04-2026 3/3

8. Upon perusal of the case diary, it transpires that the injury is grievous in nature, caused by a hard and blunt substance. However, it has not been stated anywhere in the entire case diary as to who caused the injury.

9. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Gopalganj, in connection with Manjhagarh P.S. Case No. 226 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T