Sikandar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23092 of 2026 Arising Out of PS. Case No.-205 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
Sikandar Ansari Son of Habib Ansari R/o Village - Banarjhula, P.S. - Ghodasahan, Dist. - East Champaran, Motihari. 2.
Aabid Husain Son of Habib Ansari R/o Village - Banarjhula, P.S. - Ghodasahan, Dist. - East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhandev Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP For the Informant :
Ms. Rashmi Jha, Advocate Mr. Sugandh Saurabh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 13-07-2026 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant.
2. The petitioners are apprehending their arrest in a case in connection with Ghodasahan P.S. Case No. 205 of 2024 dated 26.04.2024 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 354, 504, 506 and 34 of the Indian Penal Code.
3. As per the allegation, the petitioners along with
2/4 other co-accused persons sharing a common intention came variously armed, in course of which it is alleged that on the issue regarding construction upon the land, petitioner no.2 (Aabid Husain) exhorted to kill, whereafter all the accused persons assaulted the informant upon head. It has further been alleged that, when the brother of the informant Jakir Husain came to rescue then petitioner no.1 (Sikandar Ansari) assaulted by means of farsa on his head causing injury to him. It has further been alleged that co-accused Roj Mohammad assaulted mercilessly upon Nurool Haque, while co-accused Khursid Ansari thrashed Anjum Ara on the ground and started pressing her neck by means of his leg and also tore her clothes. It has further been alleged that co-accused Roj Mohammad took Rs. 5,000/- from the pocket of the informant and started throwing bricks and stones.
4. Learned counsel for the petitioners has submitted that there is delay of three days in lodging the FIR and the occurrence took place suddenly without any premeditation to kill. It has further been submitted that there is no allegation of repetition of blow against the petitioners. It has further been submitted that the allegation of order giver has purposely been levelled against the petitioner no.2 (Aabid Husain), so as to
3/4 distribute the allegation. It has further been submitted referring to injury reports of the informant as well the the brother of the informant, wherein the doctor has opined the injuries to be simple in nature. It has further been submitted that there is land dispute between the parties. It has lastly been submitted that petitioners have got no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioners. Learned counsel for the informant has further submitted that petitioners have actively participated in the occurrence and they had also assaulted the informant and his brother resulting into injuries upon them.
6. Heard the learned counsel for the parties and perused the record.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran, Motihari in connection with Ghodasahan P.S. Case No. 205 of 2024, subject to conditions as
4/4 laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Praveen Kumar, J) shivam/- U T