Patna High Court
Hafiz AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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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
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