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Patna High Court

Md. Azad Ansari @ Azad AliversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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