Created by Fuzzy Cloud

Patna High Court

Hafiz AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail and is released on a bond with conditions.

Summary

The petitioner, Hafiz Ansari, was arrested in connection with a bomb blast alleged to have injured the informant’s sister. He faced charges under sections 126(2), 109, 352, 351(2), 3(5) of the Bihar Negotiable Substances Act and sections 3 and 4 of the Explosive Substance Act. The defence argued that the allegations were vague, that the petitioner was falsely implicated due to a personal enmity, and that similar co‑accused had already been granted bail. The State opposed bail, but the court noted the petitioner’s prior bail in two other cases, the charge‑sheet filing, and the precedent of bail to co‑accused. Consequently, the court ordered his release on bail with a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the charges under the Explosive Substance Act and the Bihar Negotiable Substances Act.
  • Whether the prosecution’s allegations are sufficiently specific to justify denial of bail.
  • Whether the grant of bail to similarly placed co‑accused influences the petitioner’s right to bail.

Subjects

  • bail
  • explosive substances
  • criminal procedure
  • false implication
  • co‑accused
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25577 of 2026
                 Arising Out of PS. Case No.-47 Year-2025 Thana- BANDHUWA KURAWA District- Banka
                 ======================================================
                 Hafiz Ansari S/o Late Rahman Ansari R/o Village - Saraiya, Police Station -
                 Bandhuwa Kurawa, District - Banka.

                                                                              ... ... Petitioner/s

                                                     Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ajay Mukherjee, Advocate
                 For the Opposite Party/s :     Mr.Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Bandhuwa Kurawa P.S. Case no.47 of 2025

                   registered under sections 126(2), 109, 352, 351(2) and 3(5) of

                   the BNS and Section 3/4 of the Explosive Substance Act.

                                3. As per the prosecution case, the informant states

                   that he woke up late in the night on the sound of a bomb blast.

                   When he reached his terrace to inspect the situation, he saw the

                   seven named accused persons including the petitioner on the

                   terrace of the neighbouring house and they were abusing and

                   throwing bombs on the informant and his family. It is stated that

                   a bomb stuck on the boundary as a result of which his younger
Patna High Court CR. MISC. No.25577 of 2026(2) dt.17-04-2026
                                            2/3




          sister sustained injuries. Two live bombs were also found in

          plastic bags kept near the boundary of the informant’s house.

                       4. Learned counsel appearing on behalf of the

          petitioners submits that the petitioner is innocent and has been

          falsely implicated in this case due to previous enmity. Learned

          counsel for the petitioner submits that the allegation is general

          and omnibus in nature and there is no specific allegation against

          the petitioner. Both the parties are neighbours and the injuries

          sustained by the sister of the informant are simple in nature.

          Learned counsel further submits that similarly placed co-

          accused persons have been granted bail vide orders dated

          11.02.2026 and 20.02.2026 passed in Cr. Misc. Nos. 77069 of

          2025 and 90249 of 2025, respectively. The petitioner is having

          antecedent of two cases and he is on bail in both the cases. The

          petitioner is in custody since 27.01.2026 and charge sheet has

          been submitted.

                       5. Learned A.P.P. appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          grant of bail to the similarly placed co-accused persons, the

          petitioner is directed to be released on bail, on furnishing bail
            Patna High Court CR. MISC. No.25577 of 2026(2) dt.17-04-2026
                                                        3/3




                      bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two

                      sureties of the like amount each to the satisfaction of learned

                      CJM, Banka/concerned court, in connection with Bandhuwa

                      Kurawa P.S. Case No. 47 of 2025, subject to the condition laid

                      down under Section 480(3) of the BNSS and other following

                      conditions:

                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below, if so required by the

                                                      learned trial court.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.