Patna High Court
Md. Azad Ansari @ Azad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Md. Azad Ansari, sought anticipatory bail in a case (PS Case No. 421 of 2024) involving alleged offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, arising from a shooting incident on 4 September 2024 that resulted in a death. The petitioner contended that he was not named in the FIR and that his name only emerged from a co-accused's confessional statement, asserting his innocence. The State opposed the bail, highlighting five prior criminal antecedents against the petitioner. The Court examined the seriousness of the allegations and the petitioner’s criminal history. Considering the nature of the accusation and the antecedents, the Court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged offences and his criminal antecedents
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- criminal antecedents
- FIR
- confessional statement
- Arms Act
- Bharatiya Nyaya Sanhita
- shooting
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5618 of 2026
Arising Out of PS. Case No.-421 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Md. Azad Ansari @ Azad Ali S/O Kitabuddin R/O Vill.- Mahual, P.S.-
Hussainganj, District -Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Rai, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Barharia P. S. Case
No. 421 of 2024 registered for the offences punishable under
Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. It is alleged that on 4.9.2024 at about 4 PM, when
son of the informant was returning home, all the F.I.R. named
accused persons along with five unknown miscreants
indiscriminately fired upon him as a result of which, he died
during course of treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation in confessional statement of co-accused.
Patna High Court CR. MISC. No.5618 of 2026(2) dt.04-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner has got five
criminal antecedents.
6. Considering the nature of accusation and criminal
antecedents, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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