Patna High Court
Afjal Ansari @ Afjal Miya @ Afjal AnshariversusThe State of BIhar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie connection of the petitioner to the offence is doubtful and, with the investigation completed, bail must be granted.
Summary
The petitioners Afjal Ansari and Gabbu Miya sought bail in criminal miscellaneous proceedings for alleged robbery under Section 309(4) of the Bihar Narcotic Substances Act, 2023. They were not named in the FIR and had been in custody since 13‑01‑2025. The prosecution’s case relied on a self‑confession and recovery of stolen cloths from a rented house, but the items were not identified before the informant, and no material was placed before the informant for verification. The petitioners argued that, in the absence of material identification and with the investigation already completed, only suspicion remained against them. The court noted the doubtful prima facie connection, the completed charge‑sheet, and the lack of risk of evidence tampering, and consequently ordered their release on bail subject to conditions under Cr.P.C. 437(3) and BNSS 480(3).
Issues considered
- Whether the petitioner’s alleged involvement, based solely on self‑confession and unrecovered material, suffices to deny bail under Section 309(4) BNS.
- Whether the completed investigation and lack of material identification justify granting bail.
- Whether the petitioner’s criminal antecedents affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- Section 309(4) BNS
- self‑confession
- material identification
- criminal antecedent
- CrPC 437
- BNSS 480
- robbery
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63875 of 2025
Arising Out of PS. Case No.-241 Year-2024 Thana- VIJAYEPUR District- Gopalganj
======================================================
Afjal Ansari @ Afjal Miya @ Afjal Anshari S/O Late Musa Ansari @ Late
Musa Miyan R/O Village- Vishunpura (Bishunpura), P.S.- Mirganj, District-
Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 64700 of 2025
Arising Out of PS. Case No.-241 Year-2024 Thana- VIJAYEPUR District- Gopalganj
======================================================
Gabbu Miya @ Ashique Ali @ Gabu Miya @ Ashik Ali S/O Pappu Miya @
Ahasanul Miyan R/O Village- Rakba, P.S.- Bhore, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 63875 of 2025)
For the Petitioner/s : Mr.Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Ms.Rita Verma, APP
(In CRIMINAL MISCELLANEOUS No. 64700 of 2025)
For the Petitioner/s : Mr.Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 09-01-2026 Cr. Misc. No. 63875 of 2025
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Vijayipur
(Vijaypur) P.S. Case No. 241 of 2024 registered for the offence
under Section 309(4) of the BNS, 2023.
3. The accused/petitioner is not named in the F.I.R. and
is in custody since 13.01.2025.
4. The allegation against the petitioner is to commit
Patna High Court CR. MISC. No.63875 of 2025(3) dt.09-01-2026
2/5
robbery in the night and while doing so, looted the mobile,
motorcycle and ready-made cloth bundles etc. from the possession
of the informant on 03.11.2024 at about 10:40 PM.
5. Learned counsel appearing on behalf of the petitioner
submitted that the name of this petitioner surfaced out of self
confession, while he was apprehended in Vijaypur P.S. Case No.
276/2024. It is submitted that on the basis of self confession,
police claimed to recover the bundle of cloths which was looted
but same was recovered from rented house of one Pintu
Orchestra. It is pointed out that said bundle of cloths were not put
before the informant during investigation as to identify the same
and, therefore, in want of material identification by the informant,
petitioner cannot be said connected with present crime in question.
The petitioner was also not put on TIP. It is submitted that in such
view of matter except suspicion, nothing survives against
petitioner and, moreover, investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence. It is submitted
that petitioner found involved in two more criminal cases, where
he is on bail.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by
Patna High Court CR. MISC. No.63875 of 2025(3) dt.09-01-2026
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taking note of fact as prima facie the connection of petitioner
appears doubtful in want of recovered material TIP with present
crime in question, coupled with the fact that investigation of this
case is already completed, where petitioner remains in custody
since 13.01.2025 accordingly, petitioner above named, is directed
to be released on bail in connection with Vijayipur (Vijaypur) P.S.
Case No. 241 of 2024, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned District and Additional Sessions
Judge-VI-Cum-Spl. Judge, POCSO Gopalganj/concerned Court,
subject to the conditions as mentioned under Section 437(3) of
the Cr.P.C./Section 480(3) of BNSS.
Cr. Misc. No. 64700 of 2025
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Vijayipur
(Vijaypur) P.S. Case No. 241 of 2024 registered for the offence
under Section 309(4) of the BNS, 2023.
3. The accused/petitioner is not named in the F.I.R. and
is in custody since 13.01.2025.
4. The allegation against the petitioner is to commit
robbery in the night and while doing so, looted the mobile,
Patna High Court CR. MISC. No.63875 of 2025(3) dt.09-01-2026
4/5
motorcycle and ready-made cloth bundles etc. from the possession
of the informant on 03.11.2024 at about 10:40 PM.
5. Learned counsel appearing on behalf of the petitioner
submitted that the name of this petitioner surfaced out of self
confession while he was apprehended in Vijaypur P.S. Case No.
276/2024. It is submitted that on the basis of self confession
police claimed to recover the bundle of cloths which was looted
but same was recovered from rented house of one Pintu
Orchestra. It is pointed out that said bundle of cloths were not put
before the informant during investigation as to identify the same
and, therefore, in want of material identification by the informant,
petitioner cannot be said connected with present crime in question.
The petitioner was also not put on TIP. It is submitted that in such
view of matter except suspicion, nothing survives against
petitioner and, moreover, investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence.
6. Arguing criminal antecedent, it is submitted that
petitioner found involved in seven more criminal cases, where he is
on bail in six cases.
7. Learned APP opposed the prayer of bail.
8. Considering the aforesaid factual submissions and by
Patna High Court CR. MISC. No.63875 of 2025(3) dt.09-01-2026
5/5
taking note of fact as prima facie the connection of petitioner
appears doubtful in want of recovered material TIP with present
crime in question, coupled with the fact that investigation of this
case is already completed, where petitioner remains in custody
since 13.01.2025 accordingly, petitioner above named, is directed
to be released on bail in connection with Vijayipur (Vijaypur) P.S.
Case No. 241 of 2024, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned Additional Sessions Judge-III,
Gopalganj/concerned Court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of
BNSS.
(Chandra Shekhar Jha, J)
veena/-
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