Patna High Court
Kamaruddin Ansari @ DholakiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Kamaruddin Ansari, was arrested in connection with a 2014 robbery and illegal possession of arms, alleged to have taken money at gunpoint. He contended that he was not named in the FIR and was implicated solely through a co-accused's confessional statement, with no material recovered from him. The prosecution highlighted seven prior criminal cases against him, though he was on bail in four and three were pending. The court examined the lack of direct evidence, the long lapse before his remand, and his criminal antecedents. It ordered his release on bail with a Rs.10,000 bond, two sureties, and conditions regarding cooperation, non‑tampering with evidence, and verification of his antecedents. The bail bond may be cancelled if conditions are breached.
Issues considered
- Whether bail should be granted despite the seriousness of offences under IPC s.394 and Arms Act s.27.
- Whether the confessional statement of a co‑accused alone suffices to justify continued detention.
- Whether the petitioner’s prior criminal antecedents and pending cases preclude bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394
Subjects
- bail
- criminal procedure
- robbery
- dacoity
- arms act
- confessional statement
- prior criminal antecedents
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28726 of 2026
Arising Out of PS. Case No.-129 Year-2014 Thana- TURKAULIYA District- East
Champaran
======================================================
Kamaruddin Ansari @ Dholakiya S/o- Late Amaruddin Ansari @ Amiruddin
Ansari R/v- Sariswa Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
: Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner as well as Mr. Mithlesh Kumar Khare, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.10.2025 in connection with Turkauliya P.S. Case No. 129 of
2014, F.I.R. dated 28.02.2014 for the offences punishable under
Sections 394 of Indian Penal Code and 27 of Arms Act.
3. According to prosecution case, it is alleged that the
when the informant along with his colleague were present in the
office of Pump, then the petitioner along with other co-accused
person came one a motorcycle and on point of pistol demanded
money from them. The accused persons took Rs. 91,500/- from the
safe kept in office and Rs. 7000/- from the pocket of informant and
Rs. 4500/- from his colleague.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.28726 of 2026(2) dt.28-04-2026
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petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
transpired during investigation on the basis of confessional
statement of co-accused person, namely, Anish Kumar Singh and
except the confessional statement of co-accused person , no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He next
submits that nothing have been recovered from the conscious
possession of the petitioner or from his house and till date no TIP
has been conducted by the prosecution. He further submits that the
petitioner was remanded in the present case from Harsidhi P.S.
Case No. 634 of 2025 after lapse of 12 years.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries seven criminal antecedents other
than the present one but fairly submits on the basis of paragraph-3
of the bail application that the petitioner is on bail in four cases
and three cases are pending for consideration before competent
Court of law.
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
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amount each to the satisfaction of the learned Judicial Magistrate-I
Class, Sadar, Motihari, East Champaran in connection with
Turkauliya P.S. Case No. 129 of 2014, 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)
Suruchi/-
U T
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