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Patna High Court

Muskan Ansari @ Shahanawaj Husain @ Muskan @ Sahanwaj HusainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, subject to bond and surety conditions.

Summary

Muskan Ansari was arrested in connection with offences under Sections 303(2), 126(2), 109 and 3(5) of the BNS read with Section 27 of the Arms Act. The petitioner claimed that the informant’s version of the incident – being robbed of Rs.25,000 at 1:30 a.m. after a birthday party – was implausible and that he had been falsely implicated. He argued that he had no prior criminal record except one case, had been in custody since 11‑11‑2025, and would not abscond if released. The State opposed regular bail, citing the seriousness of the charges. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.25,000 with two sureties, one of whom is his father, and warned that bail could be cancelled if the trial is delayed. The bail application was therefore allowed.

Issues considered

  • Whether regular bail can be granted in a case involving offences under Sections 303(2), 126(2), 109, 3(5) of the BNS and Section 27 of the Arms Act.
  • Whether the petitioner’s claim of false implication and lack of flight risk merit bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • false implication
  • Arms Act
  • BNS
  • criminal procedure
  • flight risk

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4366 of 2026
                         Arising Out of PS. Case No.-102 Year-2025 Thana- BHELDI District- Saran
                 ======================================================
                 Muskan Ansari @ Shahanawaj Husain @ Muskan @ Sahanwaj Husain S/O
                 Najir @ Najir Hussain R/O Village- Rai Sirsa, Police Station-Bheldi, District-
                 Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 303(2), 126(2), 109 and 3(5)

                   of the BNS read with Section 27 of the Arms Act

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and is in custody since

                   11.11.2025. It is next submitted that informant alleges that while

                   he was returning from a birthday party on 17.04.2025, at about

                   01:30 a.m., he was intercepted by 4-5 unknown criminals and

                   they fired twice and one bullet hit his thigh and thereafter

                   accused persons snatched his chain and cash of Rs.25,000/-,

                   further the informant identified an accused namely Muskan
Patna High Court CR. MISC. No.4366 of 2026(2) dt.21-04-2026
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          Ansari (petitioner) and claims that he can identify the other

          accused persons.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that it does not appear probable

          that informant at 01:30 a.m. in the night while returning from a

          birthday party would have been carrying Rs.25,000/-. It is also

          submitted that since the petitioner and the informant were

          known to each other, as such, the petitioner would not have

          participated in the occurrence fearing that he will be identified.

          It is further submitted that though in the FIR, it is alleged that

          unknown accused fired causing firearm injury to the informant,

          but then petitioner is not alleged to have fired. It is further

          submitted that charges have been framed and if privilege of bail

          is granted, the petitioner will not abscond rather will cooperate

          in the trial to prove his innocence.

                       5. Learned A.P.P. for the State opposes the regular bail

          application of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, is

          directed to be released on bail on furnishing bail bonds of Rs.

          25,000/- (Rupees Twenty Five Thousand) with two sureties of
            Patna High Court CR. MISC. No.4366 of 2026(2) dt.21-04-2026
                                                        3/3




                      the like amount each to the satisfaction of the learned Trial

                      Court where the case is pending/successor court in connection

                      with Bheldi P.S. Case No. 102 of 2025.

                                    7. One of the bailors of the petitioner shall be his

                      father namely Najir @ Najir Hussain.

                                    8. It is made clear that if the learned Trial Court

                      comes to a conclusion that petitioner, after his release, is trying

                      to delay the trial in any manner, in that event the learned Trial

                      Court shall be at liberty to cancel the bail bonds of the

                      petitioner.

                                    9. Accordingly, the bail application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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