Patna High Court
Farjana AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be enlarged on bail in connection with Harsidhi PS Case No. 708 of 2025 upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
Farjana Ansari, the wife of Kamruddin Ansari, applied for regular bail in a case (Harsidhi PS Case No. 708 of 2025) filed under sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. The prosecution alleged that her husband was killed during a political rivalry when the accused opened fire. The petitioner contended that she was falsely implicated and was already in custody in another case (Case No. 634 of 2025) at the time of the alleged incident, having been detained since 2‑Dec‑2025 with a charge‑sheet filed. The State opposed the bail. The court, noting her custody at the time of the occurrence and the existence of a charge‑sheet, directed that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s prior custody and alleged false implication justify granting bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
Subjects
- bail
- false implication
- political rivalry
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- gender
- custody
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17622 of 2026
Arising Out of PS. Case No.-708 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Farjana Ansari, Wife of Kamruddin Ansari, Resident of Village- Sariswa, PS-
Harsidhi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Harsidhi P.S. Case
no.708 of 2025, registered under sections 103(1) and 61(2) of
the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms
Act.
3. As per the prosecution case, the informant states
that while her husband and nephew (husband’s sister’s son)
were returning after attending a function, the accused persons
stopped them and as a result of firing resorted to by them her
husband was killed. She further states that the occurrence has
taken place as a result of political rivalry between her family
and that of the petitioner who was a candidate for the post of
Mukhiya.
Patna High Court CR. MISC. No.17622 of 2026(2) dt.25-03-2026
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4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The cause of
false implication would be evident from the contents of the
F.I.R. itself which is political rivalry between the parties. It is
submitted that it is not in dispute that on the date and time of
occurrence, the petitioner was in custody in Central Jail,
Motihari in connection with Harsidhi P.S. Case no.634 of 2025,
details of which find mention in the order of the learned Court
below. The petitioner, who is a lady, is in custody since
2.12.2025 and charge-sheet has been submitted in the case. She
undertakes to cooperate in the investigation/trial. A number of
co-accused have been enlarged on bail.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
petitioner who is a lady being in custody on the date of
occurrence together with her being in custody in the instant case
since 2.12.2025 and charge-sheet having been submitted in the
case, the petitioner is directed to be enlarged on bail in
connection with Harsidhi P.S. Case no.708 of 2025, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.17622 of 2026(2) dt.25-03-2026
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two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate Ist Class, East Champaran, Motihari.
(Partha Sarthy, J)
avinash/-
U T
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