Patna High Court
Faisal Ansari @ Faisal @ Md. FaisalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Faisal Ansari, was implicated in a case involving illegal manufacture of arms under Section 111 of the Bharatiya Nyaya Sanhita and several provisions of the Arms Act. Police raided the house of Md. Nasir Ansari based on a tip, seizing weapons, a motorcycle registered in the petitioner’s name, and machinery. An accused person in police custody gave a confessional statement naming the petitioner, which the petitioner argued was unreliable and that no arms were found on his motorcycle. He applied for anticipatory bail, contending lack of evidentiary connection. The State opposed, emphasizing the seizure of the motorcycle and the ongoing investigation, and feared the petitioner might tamper with evidence. The High Court, after hearing both sides, declined to grant anticipatory bail, concluding that the circumstances warranted continued custody.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite the confessional statement and seizure of a vehicle registered in his name
- Whether the confessional statement of an accused in police custody has evidentiary value for granting bail
Legislation cited
- Arms Act — s. 25(1-A), 25(1)(a), 25(1-AA), 25(7)(i), 26(2), 35
- Bharatiya Nyaya Sanhita — s. 111
Subjects
- anticipatory bail
- arms seizure
- confessional statement
- police investigation
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40733 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Madhusudanpur District- Bhagalpur
======================================================
Faisal Ansari @ Faisal @ Md. Faisal S/O Md. Samim @ Md. Samiullah
Resident of Mohalla- Hakim Shah Lane Champanagar, P.S.- Nathnagar,
District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Rashid Alam
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Madhusudhanpur P.S. Case No. 32 of 2026 registered for
the offences punishable under Section 111 of the Bharatiya
Nyaya Sanhita and Sections 25(1-A), 25(1-AA), 25(1)(a), 25(7)
(i), 26(2) and 35 of Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on 17-2-2026 at 11:30 am, he received an information from
STF, Bhagalpur and Bengal Police that illegal weapons are
being manufactured in the home of Md. Nasir Ansari,
accordingly the house of Md. Nasir Ansari was raided and 5
Patna High Court CR. MISC. No.40733 of 2026(2) dt.08-07-2026
2/3
accused were apprehended and one accused fled and the
apprehended accused disclosed the name of the petitioner and
from the place of occurrence, motorcycle along with semi-
manufactured pistol 20 pieces, semi-manufactured barrel 8
pieces and machinery used for manufacturing were seized and
the recovered motorcycle is registered in the name of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case based
on confessional statement of apprehended accused in police
custody, which does not have any evidentiary value. It is fairly
submitted that the motorcycle seized from the place of
occurrence belongs to the petitioner but then no arms,
ammunition or cartridges were recovered from the motorcycle.
It is next submitted that during the course of investigation also
nothing has come to connect the petitioner with the offence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that no doubt the
name of the petitioner transpired in the confessional statement
of apprehended accused in police custody which does not have
any evidentiary value, but then a motorcycle was also seized
from the place of occurrence which was registered in the name
Patna High Court CR. MISC. No.40733 of 2026(2) dt.08-07-2026
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of the petitioner and even if nothing was recovered from the
said motorcycle, the mere presence of the motorcycle at the
place of occurrence amply demonstrates about the involvement
of the petitioner in the occurrence. It is further submitted that
house of Md. Nasir Ansari was raided based on tip given by
STF, Bhagalpur and Bengal Police as such it appears that it is an
inter-state gang which is operating. It is also submitted that
investigation in the case is continuing and if privilege of
anticipatory bail is granted, the petitioner may abscond or try to
tamper with the evidence.
6. Considering the submission made by learned APP,
the Court is not inclined to extend the privilege of anticipatory
bail to the petitioner.
7. Accordingly, the prayer for anticipatory bail of the
petitioner is rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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