Motin Ansari @ Motin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58104 of 2025 Arising Out of PS. Case No.-248 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Motin Ansari @ Motin S/o Late Ishaque Ansari R/o Village- Ranglalahi Jolahapatti, Ward No.08, PS- Dhanaha, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Ms.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 116(1), 109, 303(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of five cases, but then all five cases were instituted by the informant and his side, as has been specifically pleaded in the supplementary affidavit. It is next submitted that informant alleges that on 19-11-2024 at 11 AM, he came to his field and saw petitioner demarcating the boundary of his land, on objection hot talk ensued, thereafter petitioner called his family members and thereafter all the

Patna High Court CR. MISC. No.58104 of 2025(4) dt.13-03-2026 2/3 accused persons assaulted him causing injury on head and he fell but the accused persons kept assaulting him and when Hasmuddin came to save him, petitioner assaulted him by sword causing injury on his nose and Jiaul took Rs. 5,500/- from his purse.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant along with six family members. It is next submitted that on account of dispute relating to land, cases are being filed by both the sides against each other. It is further submitted that in the instant case it is alleged that petitioner assaulted Hasmuddin by sword causing injury on nose, but then the injury has been opined to be simple in nature caused by hard and blunt substance and the blow is not alleged to have been repeated. It is also submitted that sword is a sharp-edged weapon as such the said allegation was alleged only to give seriousness to the occurrence. It is also submitted that injury suffered by the informant has been opined to be grievous, but then the allegation of assaulting the informant is general and omnibus in nature. It is submitted that from the side of the petitioner Dhanaha PS Case No. 247 of 2024 has been instituted against the informant and his side, as such the instant case is a counter-

Patna High Court CR. MISC. No.58104 of 2025(4) dt.13-03-2026 3/3 blast.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner 6.

After hearing the learned counsel for the parties and taking into consideration the fact that land dispute is going on in between the parties and the case instituted against the petitioner has been instituted from the side of informant, as such the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhanaha P.S. Case No. 248 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T