Patna High Court
Zakir Ansari @ Jahir Ansari @ JahirversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail.
Summary
Zakir Ansari was charged with firing indiscriminately at an informant's house, resulting in the death of the informant's nephew. The prosecution alleged that Ansari, along with others, used firearms and caused a fatal gunshot wound. The petitioner contended that he was innocent, had no criminal antecedent, was not a resident of the village, and was framed to settle personal scores. The State opposed bail, citing the seriousness of the offences under Sections 103(1) and 3(5) of the B.N.S., 2023 and several provisions of the Arms Act. After hearing both sides, the Court found the petitioner's claim of false implication credible and, considering the lack of prior record, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 103(1) and 3(5) of the B.N.S., 2023 and Sections 27, 25(1‑b)a, 26 and 35 of the Arms Act.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S. 2023
- false implication
- murder
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42930 of 2026
Arising Out of PS. Case No.-440 Year-2025 Thana- SISWAN District- Siwan
======================================================
Zakir Ansari @ Jahir Ansari @ Jahir Son of Late Kasim Ansari @ Late
Kuasim Ansari Resident of village - Gayaspur, Police Station - Siswan,
District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate.
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 103(1) and 3(5) of the B.N.S.,
2023 and Sections 27, 25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner, along with others being armed with weapons, arrived at
the door of the informant and started firing indiscriminately. It is
further alleged that one of the gunshots hit the nephew of the
informant, namely, Sukrit Yadav, in his stomach, who died during
the course of treatment.
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. He also
submits that from perusal of the FIR, it is clear that the allegation
Patna High Court CR. MISC. No.42930 of 2026(2) dt.01-07-2026
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is that the petitioner, along with others, has made indiscriminate
firing. This goes to show no one was aimed. He further submits
that only one gunshot injury was received by the nephew of the
informant. He further submits that the petitioner is not a resident
of the same village, he has been framed in this case only with a
view to settle scores. Moreover, a statement has been made in para
3 of the petition that petitioner has no criminal antecedent and he
is languishing in judicial custody since 27.04.2026.
5. The application for bail is opposed by learned APP
for the State.
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 Additional
Chief Judicial Magistrate-VII, Siwan in connection with Siswan
P.S. Case No. 440 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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