Patna High Court
Ali Baks Anwar @ Chunnu AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Ali Baks Anwar was arrested in connection with a case alleging conspiracy to murder Vijay Yadav and possession of arms, though only a mobile phone was recovered from him. He sought regular bail, claiming innocence and pointing out that a co-accused had already been granted bail in a similar case. The State opposed bail, citing the seriousness of the offences under the B.N.S. Act and Arms Act and the petitioner’s prior criminal antecedent. After hearing both sides, the Court considered the lack of incriminating material on the petitioner and the precedent of bail to a co-accused. The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 111, 61(2) of the B.N.S. Act and Sections 25(1-a), 26, 35 of the Arms Act
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
Legislation cited
- Arms Act — s. 25(1-a), 26, 35
- B.N.S. Act — s. 111, 61(2)
Subjects
- bail
- Arms Act
- criminal antecedent
- regular bail
- judicial custody
- co-accused
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31813 of 2026
Arising Out of PS. Case No.-580 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Ali Baks Anwar @ Chunnu Ansari Son of Jabbar Ali @ Javar Ali Resident of
Areraj Behind Hall Ward No. 9, P.S.- Areraj, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State (through virtual mode).
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 111, 61(2)
of the B.N.S. and 25(1-a), a 26, 35 of Arms Act.
3. The case of the prosecution, in short, is that police
has input that some miscreants have gathered for committing
murder of one Vijay Yadav and his associates. The petitioner
along with two others was apprehended. It is alleged that from
possessions of co-accused, arms were recovered. From the
possession of this petitioner, only a mobile was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that from
Patna High Court CR. MISC. No.31813 of 2026(2) dt.13-05-2026
2/2
the perusal of the FIR, it is clear that petitioner was merely
present and was apprehended. Nothing was recovered from his
possession. It has further been submitted that similarly situated
co-accused Ashutosh Kumar has already been granted bail by
learned co-ordinate Bench of this Court vide Cr. Misc. Nol.
9059 of 2026. Petitioner is languishing in judicial custody since
18.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Sadar at Motihari, East Champaran in
connection with Banjariya P.S. Case No. 580 of 2025.
(Ashok Kumar Pandey, J)
Lata/-
Nitu/-
U T
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