Kamaruddin Ansari @ DholakiaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19287 of 2026
                  Arising Out of PS. Case No.-708 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Kamaruddin Ansari @ Dholakia S/o- Amaruddin Ansari Village- Siriswa PS-
                 Harsidhi Dist- 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 ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   03-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail registered for the

                   offence punishable under Sections 103(1) and 61(2) of the

                   B.N.S., 2023 and Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that while

                   the husband of the informant was returning from a party, the

                   FIR-named person intercepted him on his way, and one Katil

                   Akhtar fired at the husband of the informant due to which he

                   died.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that from perusal of the FIR, it is clear
Patna High Court CR. MISC. No.19287 of 2026(4) dt.03-07-2026
                                            2/3




          that at the time of the occurrence, the petitioner was in custody,

          and the role which has been attributed to the petitioner is that of

          conspiracy. There is no active participation of this petitioner in

          the said occurrence, and the main thrust of the allegation is

          against Katil Akhtar, who has fired at the husband of the

          informant. He further submits that though the petitioner had a

          criminal antecedent of 23 cases, but in all cases, he has been

          acquitted except 7 cases as given in para-3 of his bail petition.

          He further submits that similarly situated co-accused persons

          have been granted bail by the learned coordinate Benches of this

          Court as well as from this Court vide Cr. Misc. Nos. 90276 of

          2025, 17622 of 2026, 15498 of 2026 and 13678 of 2026.

          Moreover, the petitioner is languishing in judicial custody since

          05.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has got criminal

          antecedent of seven cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.19287 of 2026(4) dt.03-07-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, East Champaran at Motihari in connection

                     with Harsidhi P.S. Case No. 708 of 2025 with following

                     conditions:-

                                  (i) the petitioner shall cooperate in the trial, shall

                     physically present on each and every date fixed by the

                     learned court below.

                                  (ii) one of the bailors shall be his near relative.

                                  (iii) He shall also mark his weekly attendance at

                     Harsidhi P.S.

                                  7. Learned trial court is directed to verify whether

                     the petitioner has been acquitted in all the cases except the

                     seven cases which has been mentioned in para-3 of his bail

                     petition and if it is found that petitioner has more than seven

                     criminal antecendents, his bail bonds shall not be accepted

                     by the learned trial court.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T