Rafik Ansari @ Rafik Miyan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rafik Ansari @ Rafik Miyan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be released on bail in the event of arrest or surrender within four weeks before the learned court below, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned CJM, Saran at Chapra, in connection with Ekma P.S. Case No. 442 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in Ekma P.S. Case No. 442 of 2024 registered for offences under Sections 126(2), 115(2), 109, 3(5) of the BNS, should be released on bail in the event of arrest or surrender (anticipatory bail), subject to the conditions under Section 438(2) Cr.P.C.

Court's answer

Considering the facts and circumstances, the court directed that the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned CJM, Saran at Chapra, in connection with Ekma P.S. Case No. 442 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The grant of anticipatory bail rested especially on the fact that the petitioners are persons of clean antecedents.

Detailed headnote1 paragraphs

Anticipatory bail granted. Petitioners Rafik Ansari @ Rafik Miyan and Monajir Hussain apprehended arrest in Ekma P.S. Case No. 442 of 2024 (District Saran), registered for offences punishable under Sections 126(2), 115(2), 109, 3(5) of the BNS, arising from an allegation that on 20.11.2024 the informant's son was fired at and assaulted on the head with an axe due to an earlier dispute. Counsel for the petitioners urged that the accusation stemmed from previous vendetta and that the petitioners were persons of clean antecedents; the learned APP opposed the prayer. Considering the facts and circumstances, especially the petitioners' clean antecedents, the Court (Nawneet Kumar Pandey, J) directed release on bail in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned CJM, Saran at Chapra, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28634 of 2025

Arising Out of PS. Case No.-442 Year-2024 Thana- EKMA District- Saran

======================================================

Rafik Ansari @ Rafik Miyan S/O Usman Miyan R/O Village- Khoji, PSEkma, District- Saran

Monajir Hussain S/O Nizamuddin Miyan R/O A- 531, Gali No. 7, Jaitpur, Extn Part-2, Jaitpur, South Delhi, Delhi- 110044

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Syed Asgher Najmi, Adv. Mr. Ashutosh Kumar Mishra, Adv. Mr. Wajeiha Jafei, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 02-12-2025

Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Ekma P.S. Case No. 442 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 3(5) of the BNS.

The prosecution case in brief is that on 20.11.2024 at about 10:30 PM, the informant’s son went to the government hand pump to fetch water, where the accused persons, due to an earlier dispute, along with unknown miscreants, allegedly fired at him and also assaulted him on the head with an axe .

The learned counsel for the petitioners has submitted that it is an admitted fact that the son of the informant was on talking terms with the daughter of petitioner no. 1, due

Patna High Court CR. MISC. No.28634 of 2025(4) dt.02-12-2025 2/2

to which some dispute had arisen prior to the present occurrence. The petitioners have been made accused due to previous vendetta. He has further submitted that the son was a drug addict and that he suffered burn injuries by his own action. The petitioners are the persons of clean antecedents.

On the other hand, the learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, especially the petitioners are the persons of clean antecedents, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Ekma P.S. Case No. 442 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Nirmal/- U T

(Nawneet Kumar Pandey, J)