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Patna High Court

Habib Miya @ Habib AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a cash bond and specific conditions.

Summary

The petitioner, Habib Miya, was arrested in connection with a violent incident arising from a land dispute in which the victim, Isharoz Ansari, was shot and later died. The FIR alleged that the petitioner opened fire, violating Sections 103 and 3(5) of the B.N.S.S. and Section 27 of the Arms Act. The petitioner pleaded innocence, claiming a clean antecedent and that the FIR was fabricated, and highlighted that co‑accused had already been granted bail. The prosecution opposed bail, noting a direct allegation of firing against the petitioner, though the informant was not an eye‑witness. The court considered the bail criteria, the petitioner’s custody since October 2025, and the conditions imposed on co‑accused, and ultimately ordered bail with a bond and several conditions. The bail order was conditioned on the petitioner’s cooperation, non‑tampering with evidence, and verification of his criminal antecedent.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting bail to an accused charged under Sections 103 and 3(5) of the B.N.S.S. and Section 27 of the Arms Act?
  • Does the lack of an eye‑witness and the petitioner’s claim of a fabricated FIR affect the bail decision?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • B.N.S.S.
  • land dispute
  • murder
  • section 27
  • section 103
  • section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25012 of 2026
                  Arising Out of PS. Case No.-378 Year-2024 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Habib Miya @ Habib Ansari Son of Late Nathuni Miya Resident of Village
                 -Sathan Takiya Tola, Sataha Chakiya Tola PS- Pahadpur, Dist- East
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Rithesh Kumar Sinha, A.P.P
                 For the Informant        :       Mr. Ritesh Kumar Sinha, Advocate
                                          :       Ms. Ankita, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   03-07-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

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

                   2024 for the offences punishable under Sections 103 and 3(5) of

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

                               3. The case of the prosecution in brief is that on

                   12.08.2024 the informant lodged an information in Pahadpur

                   Police stating that on 12.08.2024, at approximately 01:45 PM

                   the on his informants elder brother, Isharoz Ansari, was

                   returning home motorcycle and the informant was also returning
Patna High Court CR. MISC. No.25012 of 2026(3) dt.03-07-2026
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          from the same market behind him on a bicycle. As Isharoz

          Ansari reached the Morling Road near Narkatia Eidgah, 7 FIR

          named persons including the petitioner, upon noticing him

          returning home, surrounded and forcibly stopped him on the

          road from all directions. These persons assaulted Ishoroz Ansari

          by forcibly stopping him and beating him with fists and slaps,

          thereafter pulling him off his motorcycle. At that time, accused

          Manoj Yadav exhorted the others, saying, "What are you waiting

          for? Finish him off!" On hearing this, accused Habib Miya

          (Petitioner) opened fire with a firearm, causing a gunshot wound

          to the rib area profuse bleeding and causing of Isharoz Ansari

          from behind, leading to him to collapse on the ground.

          Thereafter accused Jalaluddin Ansari fired another shot from a

          separate pistol with the intention to kill, which resulted in the

          death of Isharoz Ansari. The informant, who was returning

          home on his bicycle, reached the spot upon noticing a gathering

          of people. He saw the accused persons fleeing the scene. The

          informant began to shout for help and immediately informed his

          family members by phone. Thereafter, the informant, along with

          others, took his injured brother to Taj Hospital in Jagdishpur,

          where the attending doctors declared him dead. It was further

          submitted that the informant and the accused persons have an
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          ongoing land dispute. Hence, the present FIR was instituted.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that from bare perusal of

          the FIR it appears that the informant is not an eye-witness to the

          alleged occurrence and the petitioner has been made an accused

          in the present case merely on the basis of suspicion. He further

          submits that similarly situated, co-accused, namely, Manoj

          Yadav has been granted bail vide order dated 28.04.2026 passed

          in Cr. Misc. No. 26141 of 2026 by a Co-ordinate Bench of this

          Court and another co-accused person, namely, Jalaluddin Ansari

          against whom there is an allegation that he along with the

          petitioner has fired upon the victim has been granted bail vide

          order dated 12.05.2026 passed in Cr. Misc. No. 22438 of 2026

          by a Co-ordinate Bench of this Court. Learned counsel for the

          petitioner next submits that police after investigation has

          submitted charge-sheet and petitioner is in custody since

          16.10.2025.

                      5. The learned Additional Public Prosecutor for State
Patna High Court CR. MISC. No.25012 of 2026(3) dt.03-07-2026
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          has vehemently opposed the prayer for bail of the petitioner and

          submits that it appears from the FIR that there is direct and

          specific allegation of firing attributed against the petitioner but

          fairly submits that informant is not an eye-witness to the alleged

          occurrence and even no one has seen the incident in question.

                       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 Additional

          District Sessions Judge-XIV, East Champaran at Motihari in

          connection with Pahadpur 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
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                     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)
Gaurav Sinha/-

U      T


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