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2026 DAILYLAW 44204 (PAT)

Imamuddin Ansari @ Gauvar Ansari v. The State of Bihar

CR. MISC./90359/2025 · 2026-01-15

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90359 of 2025 Arising Out of PS. Case No.-283 Year-2025 Thana- DARAUNDA District- Siwan ====================================================== 1. Imamuddin Ansari @ Gauvar Ansari S/o Kitabuddin Ansari R/o Village - Baldari Tola, P.S - Daraundha, District - Siwan 2. Imam Hussain @ Chini Ansari S/o Kitabuddin Ansari R/o Village - Baldari Tola, P.S - Daraundha, District - Siwan 3. Zafar Ansari S/o Kitabuddin Ansari R/o Village - Baldari Tola, P.S - Daraundha, District - Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Kumari Anupam, Adv. For the Opposite Party/s : Mr.Abhay Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 15-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Darundha P.S. Case No. 283 of 2025 for the offence punishable under sections 126(2), 115(2), 118(1) 109, 326(g), 329(3), 329(4), 352, 303, 351(2), 3(5) of the BNS lodged on 04.06.2025 by the informant. 3. As per the prosecution case, the allegation against the petitioners is that they, due to the dispute of labour charge with the informant, set ablazed the thatched house of the informant and also tried to kill him by means of knife. Anyhow, Patna High Court CR. MISC. No.90359 of 2025(2) dt.15-01-2026 2/4 the informant could save his life but his thatched/asbestos house with other belongings were set on fire. Accordingly, the FIR. 4. Learned counsel for the petitioners submits that for a dispute that the house in question was supposed to be constructed, was not being constructed as per the map and the walls were erected in a zigzag manner. Petitioners are labours and mason (Mistry) who were entrusted to erect the wall at the instance of the contractor under Pradhan Mantri Awaas Yojna. There is a case and counter case between the parties and the other side has also lodged a case bearing Complaint Case No. 1000/2025 against the informant and other under Sections 115(2), 118(1),109, 303(2), 316(2) and 3(5) of the BNS. Learned counsel further submits that the compromise between the parties has also been arrived at which is appended with the anticipatory bail application as Annexure-2. There is no injury caused to the informant in this case which would be evident from the order impugned. Lastly, it has been submitted that the petitioners have got clean antecedent. 5. Learned APP opposes the prayer for anticipatory bail. 6. Considering the fact that the parties have entered into a compromise which is appended as Annexure-2 to the Patna High Court CR. MISC. No.90359 of 2025(2) dt.15-01-2026 3/4 present petition and there being no injury to the informant and the petitioners are labourers and doing work for their livelihood and they have got clean antcedents, this Court is inclined to extend them the privilege of anticipatory bail. 7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-VI, Siwan in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to Patna High Court CR. MISC. No.90359 of 2025(2) dt.15-01-2026 4/4 take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds. perwez (Ajit Kumar, J) U T