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Patna High Court

Fahim Ansari @ Raju @ Raju Sri Md. Alimuddin AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing release on a bail bond of Rs.10,000 with two sureties.

Summary

Fahim Ansari applied for regular bail in a robbery case (Sections 392, 395, 412 IPC) arising from Simultalla P.S. Case No. 35 of 2024. The prosecution alleged that four accused on two motorcycles looted an informant, and the petitioner was implicated based on a co‑accused's confessional statement. The petitioner argued that the FIR was lodged against unknown persons and that he had been falsely implicated, having remained in custody for two years without a T.I. parade, no incriminating material recovered, and a chargesheet already filed. The State opposed the bail. Considering the prolonged detention, lack of recovered articles, and the filing of the chargesheet, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the District and Additional Sessions Judge, Jamui.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness of the offences under Sections 392, 395, and 412 IPC.
  • Whether the prolonged pre‑trial detention of two years without a T.I. parade warrants bail.
  • Whether the lack of recovery of incriminating articles and the filing of a chargesheet affect the bail decision.

Legislation cited

Subjects

  • bail
  • robbery
  • IPC
  • false implication
  • prolonged detention
  • chargesheet
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74309 of 2025
                      Arising Out of PS. Case No.-35 Year-2024 Thana- SIMULTALLA District- Jamui
                 ======================================================
                 Fahim Ansari @ Raju @ Raju Sri Md. Alimuddin Ansari Son of MD. NAIM
                 ANSARI @ MD. NAIM Resident of Kewal Fariyatta, P.S. - Khaira, District -
                 Jamui.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                1. Heard learned counsel for the parties.

                              2. The petitioner has preferred this application for grant

                   of regular bail in connection with Simultalla P.S. Case no.35 of

                   2024 registered under sections 392, 395 and 412 of the Indian

                   Penal Code.

                               3. As per the prosecution case, four accused persons on

                   two motorcycles are said to have looted the informant of his

                   various articles including mobile phone, the motorcycle etc. as

                   described in the FIR.

                                 4. Learned counsel for the petitioner submits that the

                   F.I.R. was registered against unknown. The petitioner was

                   falsely implicated in the case in course of investigation in the

                   confessional statement of a co-accused made before police.
            Patna High Court CR. MISC. No.74309 of 2025(3) dt.21-01-2026
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                      Inspite of the petitioner having remained in custody for two

                      years since 14.1.2024, he has not been put on T.I. parade and

                      chargesheet has been submitted in the case. There is no recovery

                      from the petitioner.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the FIR, the material

                      that has transpired in course of investigation, the petitioner not

                      having been put on T.I. parade inspite of being in custody for 2

                      years since 14.1.2024, no incriminating article having been

                      recovered from the petitioner’s possession and chargesheet

                      having been submitted in the case, the Court directs the

                      petitioner to be enlarged on bail in connection with Simultalla

                      P.S. Case no.35 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 the learned District and Additional

                      Sessions Judge VI, Jamui.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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