Patna High Court
Meraj AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail despite not being named in the FIR, subject to a bond and conditions.
Summary
The petitioner, Meraj Ansari, was arrested on 15 March 2026 in connection with a case registered under Sections 334(1) and 305 of the Bihar Penal Code. He was not named in the FIR; his name emerged only from the confessional statement of a co-accused, Tuffani Ansari, after whom the charge‑sheet was filed. The State opposed bail, alleging the petitioner confessed to guilt, sold the stolen article in Nepal, and has two other pending cases, though he is on bail in those. The court examined whether the absence of the petitioner’s name in the FIR and reliance on a co‑accused’s confession precluded bail. It held that bail could be granted provided the petitioner furnished a bond of Rs.10,000 with two sureties and complied with several conditions, including cooperation with the trial and no tampering with evidence. Consequently, the petitioner was released on bail subject to the stipulated conditions.
Issues considered
- Whether bail can be granted when the petitioner is not named in the FIR but is implicated through a co‑accused’s confessional statement.
- Whether the confession of a co‑accused is sufficient ground to deny bail.
- Whether the petitioner’s other pending cases affect the grant of bail in the present matter.
Legislation cited
- Bihar Penal Code — s. 305, 334(1)
Subjects
- bail
- FIR
- confessional statement
- co‑accused
- Section 334
- Section 305
- Bihar Penal Code
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37303 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- Kumarbagh District- West Champaran
======================================================
Meraj Ansari S/o Naim Ansari Resident of Village- Athmuhan, P.S.- Jharokar,
District- Eas Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Ram Kishun Prasad, learned counsel for
the petitioner and Mr. Nand Kumar, the learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
15.03.2026 in connection with Kumarbagh P.S. Case No. 03 of
2026, F.I.R. dated 02.01.2026 registered for the offence
punishable under Sections 334(1), 305 of BNS.
3. The FIR of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of the
confessional statement of co-accused person, namely, Tuffani
Ansari. It appears from the impugned order itself that the
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recovery has been made from possession of co-accused person,
namely, Tuffani Ansari and police, after investigation, submitted
the charge-sheet against the petitioner and the petitioner is in
custody since 15.03.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner has been arrested and he has confessed his guilt in the
present occurrence and petitioner has stated that he has sold the
article in question in Nepal, apart from the aforesaid, the
petitioner carries two more cases other than the present one but
fairly submits that the petitioner is on bail in both the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner is not
named in the FIR and the name of the petitioner has been
transpired during investigation on the basis of the confessional
statement of co-accused person, 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 amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Bettiah,
West Champaran in connection with Kumarbagh P.S. Case No.
03 of 2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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