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Patna High Court

Sajid AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Sajid Ansari, was arrested in connection with a case registered under Sections 111, 62, 61(2) of the B.N.S. and Sections 25(1‑b)a, 26 and 35 of the Arms Act, where the prosecution alleged that a pistol, an empty cartridge and a mobile phone were recovered from his possession. The petitioner contended that he was innocent, that nothing was recovered from him, and that a co‑accused in a similar situation had been granted bail. He also highlighted his clean criminal record and that he had been in judicial custody since 28 September 2025. The State opposed the bail application. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner accused under the B.N.S. and the Arms Act despite the prosecution's claim of possession of a firearm and related items
  • Whether the petitioner's claim of innocence, lack of antecedents, and the precedent of bail granted to a co‑accused justify release on bail

Legislation cited

Subjects

  • bail
  • Arms Act
  • B.N.S.
  • judicial custody
  • surety
  • criminal procedure
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4067 of 2026
                       Arising Out of PS. Case No.-226 Year-2025 Thana- PRANPUR District- Katihar
                 ======================================================
                 Sajid Ansari, Son of Juddin Ansari @ Judin Ansari, R/o Khangama, P.S. -
                 Azamnagar, Distt. - Katihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Pranpur P.S. Case No. 226 of 2025 registered for the

                   offence punishable under Sections 111, 62, 61(2) of B.N.S. and

                   Sections 25(1-b)a, 26 and 35 of the Arms Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of this petitioner, one country made pistol, one

                   empty cartridge and one mobile phone were 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. Nothing has been recovered from his possession. It has

                   also been submitted that similarly situated co-accused has been
             Patna High Court CR. MISC. No.4067 of 2026(2) dt.06-02-2026
                                                         2/2




                       granted bail by this Court vide Cr. Misc. No. 85682 of 2025.

                       The case of this petitioner stands on similar footing. He is

                       having no criminal antecedent and he is languishing in judicial

                       custody since 28.09.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    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 C.J.M.,

                       Katihar in connection with Pranpur P.S. Case No. 226 of 2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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