Patna High Court
Asgar Hussain Ansari @ Asgar AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner with specified conditions, finding no material linking him to the offence and deeming him unlikely to abscond or tamper with evidence.
Summary
The petitioner, Ejaj Shah, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita and the Arms Act. The informant alleged that his son had recorded a conspiracy by several persons to kill the informant, and that the planning allegedly took place at the petitioner’s shop. The petitioner contended that no material evidence links him to the alleged conspiracy and that he has been falsely implicated. The court examined the anticipatory bail application, noting the petitioner’s willingness to cooperate and the absence of any incriminating material against him. It granted anticipatory bail subject to a Rs. 50,000 bail bond, two sureties, and conditions that the petitioner must cooperate with the investigation, with the trial court empowered to cancel bail for non‑cooperation or trial delay.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether there is sufficient material to link the petitioner to the alleged conspiracy and offences.
- Whether the petitioner is likely to abscond, tamper with evidence, or delay the trial.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 126, 3(5), 482(2), 61(2)
Subjects
- anticipatory bail
- false implication
- conspiracy
- arms act
- criminal procedure
- Bharatiya Nyaya Sanhita
- bail conditions
- investigation cooperation
Judgment
TIN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68341 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- Mehsoul District- Sitamarhi
======================================================
Ejaj Shah @ Ejaj Ahamad S/O Late Md. Kadir Shah Resident of village-
Tilhangi, P.S.- Bhuthi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Raj, Adv
For the Opposite Party/s : Mr.Binod Kumar, APP
Mr. Ashhar Mustafa, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 16-01-2026 1. Heard learned counsel for the petitioner, learned APP
and learned counsel appearing on behalf of the informant, Mr. Ashhar
Mustafa.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 126, 115(2), 103(1), 61(2)
and 3(5) of the Bharatiya Nyaya Sanhita and Section 25(1-b)a, 26,
27 and 35 of Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which two cases are
under the Excise Act and the informant alleges that his elder son,
Basim Anwar Khan @ Puttu had come to his house and was looking
perturbed, accordingly the informant asked his son why he is looking
perturbed, on which he disclosed that Asgar Hussain, Md. Nasir
Ahmad, Devendra Shah, Dhananjay Kumar, Azizur Rahman and
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Vimlesh Kumar Jha had met in the shop of Ejaj Shah for the purposes
of getting him killed and have also given money to the shooters and
the shooters can kill him any time. It is further alleged that his son
also disclosed that he had recorded the aforesaid fact in his mobile,
further his son also disclosed that Lal’s brother Md. Islam is also
involved in the conspiracy and the aforesaid accused persons can get
him killed any time, on which informant asked his son that why he
did not disclose the said fact to the police, on which his son said that
in the morning he will accompany the informant to the police station
for giving information to the police about the conspiracy. It is next
alleged that thereafter his son left for his house and when he reached
near his house the informant heard sound of firing, accordingly he
came out and saw that his son was shot and his family members
Sahin Anwar Khan and Sahil Parwez disclosed that they have seen
the three shooters who committed the occurrence, but they did not
know their name but can identify by their face.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case with an
allegation that the planning to commit the occurrence was made at
his shop but then during the course of investigation no material
transpired even remotely connecting the petitioner with the offence
or that at his shop any meeting of the accused persons was conducted
for getting the occurrence committed. It is also submitted that
Dhananjay Kumar had approached this Court seeking anticipatory
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bail by filing Cr. Misc No. 65688 of 2025 and the same came to be
allowed by an order dated 16-1-2026 after considering the case in
details and on merit. It is next submitted that against Dhananjay,
some material had transpired during the course of investigation but as
far as the instant petitioner is concerned it is reiterated and submitted
that no material transpired during the course of investigation even
remotely connecting the petitioner with the offence. It is also
submitted that petitioner will not abscond rather will co-operate in
the investigation to prove his innocence.
5. Learned APP and the learned counsel appearing on
behalf of the informant opposes the anticipatory bail application.
6. After hearing the learned counsel for the parties, the
petitioner above-named, in the event of his arrest or surrender before
the learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs. 50,000/-
(Rupees Fifty Thousand) with two sureties of the like amount each to
the satisfaction of the learned trial court where the case is
pending/successor court in connection with Mehsaul P.S. Case No.
89 of 2025, subject to the conditions as laid down under Section 482
(2) of the BNSS.
7. One of the bailors of the petitioner shall be his brother,
Merajuddin Shah.
8. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
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learned trial court bringing to its notice that the petitioner, despite
giving assurance to this Court, is not cooperating in the investigation,
in that event, the learned trial court shall be at liberty to cancel the
bail bonds of the petitioner.
9. It is further made clear that in the event if charge-sheet
is submitted and the learned trial court comes to a conclusion that
petitioner is not cooperating in framing of charge or after framing of
charge is trying to delay the trial in any manner, in both the
conditions the learned trial court shall be at liberty to cancel the bail
bonds of the petitioner.
10. Let a copy of this order be sent to the concerned police
station through the learned Trial Court.
(Satyavrat Verma, J)
Sumit/-
U T
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