Patna High Court
Ulfat AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that bail must be granted as there is no material evidence linking the petitioner to the alleged offences.
Summary
Ulfat Ansari was arrested in connection with alleged Naxal activities involving the hoisting of a black flag and distribution of pamphlets in a village, under Sections 308(3), 308(4), 308(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 16, 17, 18, 20 and 21 of the UAPA. The petitioner contended that the FIR was lodged against unknown persons and that he was implicated only on suspicion and his past criminal record, with no material seized from his possession or residence. The prosecution opposed bail, citing the seriousness of the offences. The Court examined the lack of incriminating evidence linking the petitioner to the alleged Naxal acts and considered his prolonged custody since September 2025. Finding no cogent material to justify denial of bail, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail can be granted to an accused charged under the Bharatiya Nyaya Sanhita and UAPA for alleged Naxal activities.
- Whether the prosecution has produced sufficient material evidence to justify denial of bail.
- Whether the petitioner’s past criminal antecedents alone warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 308(3), 308(4), 308(5), 61(2)
- Unlawful Activities (Prevention) Act — s. 16, 17, 18, 20, 21
Subjects
- bail
- UAPA
- Bharatiya Nyaya Sanhita
- Naxalism
- electoral interference
- criminal procedure
- suspicion
- black flag
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- CHIHARA District- Jamui
======================================================
Ulfat Ansari, Male, aged about 28 years, S/O Suleman Ansari @ Suleman
Miyan, R/ O Village- Madhupur Bongi, Police Station- Chihra, District-
Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Chihra
PS Case No.78 of 2025 dated 16.09.2025, instituted for the
offence punishable under Sections 308(3), 308(4), 308(5) and
61(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 16,
17, 18, 20 and 21 of the UAPA Act.
3. The prosecution case in brief is the Informant
received a secret information that at village Rokhha Tola, in the
field one black flag was hoisted and some parchi etc. were lying
there on which the informant along with the police force arrived
at the field of village Rakhha Tola and found all the above said
articles and some plates of foam scattered in the field and then
Patna High Court CR. MISC. No.48 of 2026(2) dt.15-01-2026
2/3
the informant seized the flag of black cloth, some parcha and
the foam plates. On a white paper, it was written in the red ink
that communist naxalites were giving information to the
administration for getting the arms for conducting the smooth
election, demand of levy by some Mukhiyas of the village
including demand of sand vehicle and fish vehicle and on non-
compliance, threat to oppose the election campaigning of
Minister Sumit Kumar, and at the end of letter, "LAL SALAM'
was written. On secret enquiry from the villagers of
neighbourhood, it was found that some unknown naxalites have
put the black flags with naxal parcha for creating obstruction in
the upcoming Assembly Election by creating the fear among the
villagers in election.
4. Learned counsel for the petitioner submits that FIR
has been lodged against unknown persons regarding naxal
activities. Learned counsel further submits that the petitioner
has been made accused only on the basis of suspicion and his
past criminal antecedents. Nothing incriminating material has
been recovered either from the conscious possession or from the
house of the petitioner. There is no cogent material to connect
the petitioner with the naxal activities. Lastly, it is submitted
that the petitioner is in custody since 19.09.2025 and four
Patna High Court CR. MISC. No.48 of 2026(2) dt.15-01-2026
3/3
criminal cases were pending against the petitioner, but the
petitioner has been acquitted in three cases. Charge-sheet has
been submitted in the case.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Additional Chief Judicial
Magistrate-II, Jamui, in Chihra PS Case No.78 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
Checking your session…