Jalaluddin Ansari @ JalaluddinversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22438 of 2026
                  Arising Out of PS. Case No.-378 Year-2024 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Jalaluddin Ansari @ Jalaluddin S/O Idrish Miya R/O Village- Sataha Chakia
                 Tola, Ward No.-7, P.S- Paharpur, Distt.- East Champaran.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 For the Informant        :       Mr. Vijay Shankar Srivastava, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   12-05-2026                      Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner, Mr. Vijay Shankar Srivastava, learned counsel for the

                   informant and Mr. Sanjay Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.10.2025 in connection with Paharpur P.S. Case No. 378 of

                   2024, F.I.R. dated 12.08.2024 for the offences punishable under

                   Sections 103 and 3(5) of the BNS, 2023 and Section 27 of the

                   Arms Act.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner have assaulted the informant's

                   brother and co-accused Habib Miya shot him resulting into his

                   death.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.22438 of 2026(3) dt.12-05-2026
                                            2/3




          petitioner has clean antecedent and he has falsely been

          implicated in the present case. He further submits that it appears

          from the FIR that although the petitioner is named in the FIR

          but the specific allegation is against the co-accused persons,

          namely, Habib Miya and Jalauddin Ansari and the petitioner is

          Jalaluddin Ansari, S/o Md. Idrish is completely different person

          whereas the other person i.e., Jalauddin Ansari S/o Muslim

          Miya is said to have fired upon the deceased (brother of the

          informant). It has been submitted that there is land dispute

          between the parties and there is no eye witness of the alleged

          occurrence. He further submits that the police after investigation

          submitted the charge sheet against the petitioner. The petitioner

          is in custody since 16.10.2025.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner but fairly submits that the

          specific allegation is against the co-accused persons, namely,

          Habib Miya and Jalauddin Ansari and not against the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned ACJM-XI,
            Patna High Court CR. MISC. No.22438 of 2026(3) dt.12-05-2026
                                                        3/3




                      East Champaran, Motihari in connection with Paharpur P.S.

                      Case No. 378 of 2024, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T