IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58471 of 2026 Arising Out of PS. Case No.-147 Year-2025 Thana- JOGAPATTI District- West Champaran ====================================================== Mobarak Mian @ Mobarak Ansari S/o Ainul Ansari Resident of Village - Amaithiya, Ward no. -13, P.S. - Yogapatti, Dist. - West Champaran at Bettiah. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 2 19-08-2026 Heard the learned counsel for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Yogapatti P.S. Case No. 147 of 2025, for allegedly having committed offence under Sections 126(2), 115(2), 109, 74, 352, 351(2) and 3(5) of the BNS. 3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that co-accused Mumtaz Ansari entered into the house of the informant with bad intention and started molesting the daughter of the informant. When she raised alarm, her mother and other family members came there, upon which co-accused Mumtaz Ansari fled from there. When the informant along with her family members was going towards Police Station to report the matter, all the accused persons started Patna High Court CR. MISC. No.58471 of 2026(2) dt.19-08-2026 2/4 assaulting the informant and her family members with stick, due to which they sustained injuries. When the daughter of the informant came to save her, all the accused persons assaulted the daughter of the informant and snatched Rs. 2,00,000/-. It is further alleged that co-accused Safique Ansari assaulted the informant with an iron rod on her head, due to which she sustained injuries on her head. Other accused persons, including the petitioner started assaulting the informant with stick. When the daughter of the informant came to save the informant, all the accused persons also assaulted the daughter of the informant with sticks and iron rod, due to which she also sustained injuries. When Mojaira Khatoon, Isma Khatoon and husband of the informant came to save her, they were also assaulted. Co- accused Sajjad Ansari assaulted Mojaira Khatoon with a stick, due to which she sustained injuries on her head, leg, back and neck. 4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He submits that there is general and omnibus allegation against all the accused persons. He further submits that there is a delay of 4 days in lodging the present first information report and no explanation whatsoever has been given by the informant Patna High Court CR. MISC. No.58471 of 2026(2) dt.19-08-2026 3/4 for the delay in lodging the FIR. He next submits that there is land dispute in between the parties, for which a proceeding under Section 126 of the BNSS is pending before the S.D.M. Bettiah bearing Case. No. 898 of 2025. He submits that prior to lodging of the present first information report, the petitioner had lodged Yogapatti P.S. Case No. 143 of 2025, against the informant and others. He further submits that the petitioner has got a clean antecedent. 5. Per contra, the learned APP for the State, while opposing the prayer for anticipatory bail of the petitioner, would submit that all the accused persons, including the petitioner assaulted the informant, her daughter and her husband, due to which they sustained injuries on different parts of the body. 6. Having heard the rival submissions and after going through the records, it appears that specific allegation of assault on the head of the informant has been levelled against co-accused Safique Ansari and assault upon the daughter and husband of the informant has been levelled against all the accused persons. Further, specific allegation of assault upon Mojaira Khatton has been levelled against Sajjad Ansari. There is a case and counter case between the parties. The petitioner filed Yogapatti P.S. Case No. 143 of 2025 for the same Patna High Court CR. MISC. No.58471 of 2026(2) dt.19-08-2026 4/4 occurrence and in retaliation, the present first information report has been lodged. Since, there is no specific allegation of assault against the petitioner and specific allegation of assault has been levelled against two other co-accused persons, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 147 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition: (i) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. AjayMishra/- (Ritesh Kumar, J) U T