Patna High Court
Kaif Ansari @ Kaif KhatarnakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to strict conditions, despite the evidentiary limitations.
Summary
The petitioner, Kaif Ansari, was arrested in connection with a robbery case (Section 392 IPC) based on a FIR filed in 2022. The FIR did not name him; his alleged involvement emerged solely from the confessional statement of a co-accused, Pradeep Giri, and no material evidence was recovered from his possession. The petitioner sought bail, arguing the lack of direct evidence and that other co-accused had already been granted bail. The State opposed bail, noting the petitioner’s involvement in another case, though he was already on bail for that matter. The Court, after considering the circumstances, granted bail on a cash bond and sureties, imposing conditions regarding cooperation with the trial, attendance, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the only incriminating material is a co-accused's confessional statement.
- Whether the absence of seized material and lack of TIP affect the bail decision.
- Whether the petitioner’s involvement in another case influences the grant of bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- confessional statement
- co-accused
- evidence
- anticipatory bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25260 of 2026
Arising Out of PS. Case No.-114 Year-2022 Thana- PIPRAKOTHI District- East Champaran
======================================================
Kaif Ansari @ Kaif Khatarnak S/O Soaib Ansari @ Soaib Miyan R/O Village-
Jhadwa, P.S- Harsidhi, Distt.- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-05-2026 Heard Mr.Rajesh Kumar, learned counsel for the
petitioner and Mr.Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
27.01.2026 in connection with Pipra Kothi P.S. Case No. 114 of
2022, F.I.R. dated 20.04.2022 registered for the offence
punishable under Section 392 of IPC.
3. According to the FIR the prosecution case in brief
is that the informant Digvijay Narayan has given a written
petition before SHO Piprakothi P.S and stated therein that the
informant Digvijay Narayan is the owner of truck bearing
registration No. UP84T 9354 ten tons of iron rod for its delivery
moved for Motihari. It has further alleged that some person
looted the truck by kidnapping the driver and Khalashi and left
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the truck in the territorial jurisdiction of Sabebganj PS. It has
further alleged that the informant came to know about the truck
being taken in wrong direction by the G.P.S. chip, then he
informed the S.HO. Sahebganj on his CUG number and then the
truck was recovered. It has further alleged that the loaded iron
rods were not found on the truck so the informant has raised
suspicion against the driver and Khalashi of the truck.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of the
confessional statement of co-accused person, namely, Pradeep
Giri @ Dhananjay Giri and nothing has been recovered from
conscious possession of the petitioner and till date no TIP has
been conducted by the prosecution and co-accused person,
namely, Pradeep Giri @ Dhananjay Giri, who has confessed the
name of the petitioner, has been granted bail by this Court vide
order dated 09.05.2023 passed in Cr. Misc. No.9828 of 2023,
and several other co-accused persons have also been granted
anticipatory bail/regular bail by different Coordinate Benches of
this Hon’ble Court and the police, after investigation, submitted
the chargesheet against the petitioner and the petitioner is in
custody since 27.01.2026 .
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5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries one more case other than the present one but
fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, 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 learned Chief Judicial Magistrate,
Motihari, East Champaran in connection with Pipra Kothi P.S.
Case No. 114 of 2022, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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
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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)
Nitesh/-
U T
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