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Patna High CourtCR. MISC./34572/2026bail granted

Ful Mahammad Ansari @ Jhagaru @ Ful Mahmad v. The State Of Bihar

2026-05-19Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34572 of 2026 Arising Out of PS. Case No.-75 Year-2026 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Ful Mahammad Ansari @ Jhagaru @ Ful Mahmad Son of Late Sakur Ansari Resident of Village- Hiramani, Police Station-Chhauradano, District- East Champaran.

2.

Rahmat Ansari @ Rahmat Alam son of Late Serajul Huque Ansari @ Serajul Ansari @ Sarajuk Hak Resident of Village- Hiramani, Police StationChhauradano, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Rajpati,Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2026 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Chhauradano P.S. Case No. 75 of 2026 registered for the offence under Sections 126(2), 115(2), 109, 303(2), 351(2), 352 and 3(5) Bharatiya Nyaya Sanhita, lodged on 05.03.2026 by the informant, Md. Tabarak Miyan.

3. As per the prosecution story, the informant alleged that due to land dispute the accused persons armed variously came and both these petitioners gave blow one on the nose and other on the head causing injuries, the allegation of taking away money is/are also attributed. The injured was taken to Primary

2/4 Health Center, Chhauradano. This led to the FIR.

4. Learned counsel for the petitioner submits that a perusal of the FIR would show that an exaggerated allegation has been made, there is a counter version also vide Muffasil P.S. Case No. 156 of 2026 and further the injuries of both Tabarak Miyan and Mobarak Miyan have been found to be simple in nature.

5. The submission is that the typed copy has recorded both names as Mobarak Miyan for which he will be contributing books worth Rs.500/- to the Lawyer's Association of Patna High Court and will also be providing the receipt to the Office/Court.

6. Learned APP opposes the prayer submitting that though simple in nature, injuries have been inflicted by both the petitioners.

7. Taking into account submissions of the parties as also that the injuries are simple in nature and both the petitioners do not have criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail.

8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/-

3/4 (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Raxual at Motihari, East Champaran in connection with Chhauradano P.S. Case No. 75 of 2026 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;

(ii) the petitioners shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iv) the petitioners shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Vinayak/Anjali U T