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2026 DAILYLAW 42487 (PAT)

Sher Ali v. The State of Bihar

CR. MISC./84178/2025 · 2026-01-07

Harish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84178 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== 1. Sher Ali S/o Monaj Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 2. Md. Ashjad Ansari S/o Aslam Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 3. Mazid Ansari S/o Wajid Alli Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 4. Pravez Alam S/o Vakil Ahmad R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 5. Md. Jawed Alam @ Awed Ansari S/o Wakil Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 6. Khalid Ansari S/o Md. Samimullaha R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 7. Tausif Alam S/o Md. Fazele Haque R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 8. Saddam Hussain @ Saddam Ansari S/o Akhtar Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 9. Nasim Ansari @ Bablu Ansari S/o Kalam Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 10. Arman Ansari S/o Ahmar Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 11. Sahid Ansari S/o Khalil Ansari R/o Village - Maraujhia, Post - Nasariganj, P.S - Nasariganj, District - Rohtas, Pin - 821310 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Digamber Kumar Singh For the Opposite Party/s : Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER Patna High Court CR. MISC. No.84178 of 2025(2) dt.07-01-2026 2/4 2 07-01-2026 Heard the parties. 2. The petitioners apprehend their arrest in connection with Nasriganj P.S. Case No. 117 of 2025, registered for the offences punishable under Sections 196, 190, 132, 115(2), 126(2), 109, 191(2), 191(3), 299 of the BNS. 3. The police, on an information with regard to the communal tension between the members of the two religions, reached to the place of occurrence and found that the persons of both the sides were making slogans against each other which resulted into some free fight and brick batting. The accused persons were carrying lathi, danda and sword. On account of such incidence, some of the police personnels have also sustained injuries. 4.Learned Advocate for the petitioners taking this Court through the FIR contended that the same has been instituted against 53 named accused persons and 40-50 unknown persons but without there being any specific accusation. Bare reading of the FIR, it is evident that there is no whisper as to how in which manner the petitioners have participated in the crime; only on account of the fact that the petitioners were assembled when the incidence took place, their names have been implicated in this case. Moreover, with respect to one and same Patna High Court CR. MISC. No.84178 of 2025(2) dt.07-01-2026 3/4 incidence, three FIRs have been instituted; one by the BDO and the two others by both the sides. Prior to the institution of the present case, the petitioners had absolutely clean antecedent and now they undertake that they will fully cooperate in the proceeding of the court. It has also been apprised to the Court that other co-accused persons have also been granted bail by the learned coordinate Bench of this Court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have actively participated in the crime. 6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of accusation, coupled with the fact that prior to the institution of the present case, the petitioners had absolutely fair antecedent, 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.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM Bikramganj, Rohtas in connection with Nasriganj P.S. Case No. 117 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Patna High Court CR. MISC. No.84178 of 2025(2) dt.07-01-2026 4/4 Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners. Anjani/- (Harish Kumar, J) U T