Md. Mobarak Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81621 of 2025 Arising Out of PS. Case No.-261 Year-2025 Thana- SURSAND District- Sitamarhi ====================================================== 1.
Md. Mobarak Ansari Son Of Late Khalil Ansari Resident Of Village- Nagar Panchyat Sursand, Ward No 03, Ps -SURSAND Dist- Sitamarhi 2.
Saddam Hussain @ Saddam Ansari Son Of Late Hasim Ansari @ Cid Resident Of Village- Nagar Panchyat Sursand, Ward No 03, Ps -SURSAND Dist- Sitamarhi 3.
Anwarul Ansari @ Bhola Ansari Son Of Late Badri Ansari Resident Of Village- Nagar Panchyat Sursand, Ward No 03, Ps -SURSAND DistSitamarhi 4.
Chand Ansari Son Of Alam Ansari Resident Of Village- Nagar Panchyat Sursand, Ward No 03, Ps -SURSAND Dist- Sitamarhi 5.
Jalifani Khatoon Wife Of Sagir Ansari @ Nidar Resident Of Village- Nagar Panchyat Sursand, Ward No 03, Ps -SURSAND Dist- Sitamarhi 6.
Gulam Ansari Son Of Md. Samshe Ansari Resident Of Village- Nagar Panchyat Sursand, Ward No 03, Ps -SURSAND Dist- Sitamarhi 7.
Najre Ansari Son Of Anwarul Ansari @ Bhola Ansari Resident Of VillageNagar Panchyat Sursand, Ward No 03, Ps -SURSAND Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv.
Smt. Divya Bharti, Adv.
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-12-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Sursand P.S. Case No. 261 of 2025, registered for the offences punishable under Sections 191(2), 126(2), 115(2), 109, 75(2), 352, 351(2) of the BNS.
3. Allegedly, on the occasion of Muharram, a
Patna High Court CR. MISC. No.81621 of 2025(2) dt.10-12-2025 2/3 programme of Qawwali was scheduled in the night of 05.07.2025, however, the petitioners created a ruckus and on protest, the petitioners along with others brutally assaulted the informant and others. In course of incidence, while old aged father of the informant came to his rescue, he was also assaulted by the petitioners due to which he sustained injuries. There is further allegation that this petitioner shot fire from the country made pistol but did not hit to the informant. The allegation of snatching has also been levelled against other co-accused persons, besides causing assault to the informant and others. 4.Learned Advocate for the petitioners referring to the FIR contended that the alleged occurrence took place on 05.07.
2025, however, the present FIR came to be instituted on 07.07.2025 and no plausible explanation for delay has been given. The injuries which are allegedly sustained to the informant and his father are concerned, the same have been found to be simple in nature as is evident from the impugned order.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have brutally assaulted the informant and his father, besides other persons, due to which they sustained serious
Patna High Court CR. MISC. No.81621 of 2025(2) dt.10-12-2025 3/3 injuries.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation, coupled with the simple injuries sustained to the informant and his father, besides the delay in lodging of the FIR, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Sursand P.S. Case No. 261 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Anjani/- U T