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2026 Supreme(Online)(Pat) 3715

PATNA HIGH COURT
Prabhat Kumar Singh, J
Sarafat Ansari – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1910 of 2026 | PS. Case No.-102 Year-2025



Advocates:
For the Appellants/Petitioners: Mr. Ajay Mukherjee
For the Respondents: Mr. Md. Ataur Rahman

Anticipatory bail granted when general allegations do not substantiate specific charges against petitioners.

Headnote:The Court analyzed the anticipatory bail application in a case registered under multiple sections of the Bhartiya Nyaya Sanhita and the Arms Act, arising from a dispute over solar light installation. The petitioners claimed no specific allegations were made against them, supported by their clean antecedents. The Court found merit in the arguments presented, considering both parties co-villagers engaged in a case and counter case. The Court ultimately allowed the anticipatory bail on specified conditions.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 29-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 126(2), 117(2), 115(2), 118(2), 109(1), 3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act .

3. As per prosecution case, a dispute arose over the installation of solar lights near the house of one Mukhtar. It is alleged that during the dispute FIR named accused persons including the petitioners assaulted the informant's side with swords, spears and maces. Co-accused Manzoor Ansari fired upon informant but he saved himself. Co-accused Hasmuddin Ansari assaulted by means of sword to one Israil Ansari causing him injury. Mukhtar Ansari assaulted Budhu Miyan with barchhi causing injury to him.

4. Learned counsel for the petitioners submits that both the parties are co-villager and there is case and counter case between the parties. There is no specific allegation of assault against these petitioners. There is general and omnibus allegation against all the petitioners. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State opposed the bail petition of the petitioners.

6. Considering the facts and circumstance of the case, the prayer for anticipatory bail of petitioners is allowed. Let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka, in connection with Anandpur P.S. Case No. 102 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita , 2023.

(Prabhat Kumar Singh, J)

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