Patna High Court
Ishmail AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail as the evidence against him is insufficient and his prior antecedents do not preclude bail, subject to a bond and conditions.
Summary
Ishmail Ansari was arrested on 28 November 2025 in connection with a theft case (FIR dated 2 November 2025) alleged under Sections 331(4), 305, 317(4) and 313 of the Bihar Negotiable Instruments Act, 2023. The prosecution’s case is based mainly on the confessional statement of a co‑accused, with no material recovered from the petitioner’s possession or residence and no TIP conducted. The petitioner contended that he was falsely implicated, that the FIR was fabricated, and pointed out that similarly situated co‑accused had been granted bail earlier. The State opposed bail, highlighting four prior criminal antecedents, though two of those cases were already on bail and the remaining two were pending. The court, after considering the tenuous nature of the evidence and the petitioner’s claim of innocence, granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions. The order also directed verification of the petitioner’s criminal antecedents without delaying the bail release.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations of theft and his prior criminal antecedents.
- Whether the confession of a co‑accused alone suffices to justify continued detention.
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 305, 313, 317(4), 331(4)
Subjects
- bail
- criminal antecedent
- theft
- false implication
- confessional statement
- Criminal Procedure Code
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34317 of 2026
Arising Out of PS. Case No.-601 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Ishmail Ansari S/O Mohamad Mustakim R/O Vill.- Kust Colony Rajendra
Stadium, P.S.- Bhagwan Bazar, Dist.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-06-2026 Heard Mr. Nawal Kishore Singh, learned counsel for
the petitioner and Mr. Satyendra Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.11.2025 in connection with Muffasil P.S. Case No. 601 of
2025, F.I.R. dated 02.11.2025 for the offences punishable under
Sections 331(4), 305, 317(4) and 313 of the BNS, 2023.
3. According to prosecution case, some unknown
miscreants have committed theft in the house of the informant
where several articles were found to be stolen including
ornaments and cash.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
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alleged in the FIR. The petitioner is not named in the FIR and
his name has been transpired during investigation on the basis of
confessional statement of the co-accused, namely, Julmi @
Santosh Malik and except this, nothing has come during
investigation which suggest the involvement of the petitioner in
the present occurrence and nothing has been recovered from the
conscious possession or the house of the petitioner. Till date no
TIP has been conducted by the prosecution. He further submits
that the police after investigation submitted the charge sheet
against the petitioner. He further submits that similarly situated,
co-accused, namely, Subhash Basfor @ Subash Basfor and
Bikram Kumar have been granted bail by this Court vide order
dated 07.04.2026 passed in Cr. Misc. No. 22578 of 2026. The
petitioner is in custody since 28.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries four criminal antecedents other
than the present one but fairly submits that he is on bail in two
cases and rest two cases are pending for consideration before the
competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
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bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned ACJM-
1st, Sarant at Chapra in connection with Muffasil P.S. Case No.
601 of 2025, 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)
Vanisha/-
U T
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