Patna High Court
Fahim Ansari @ Raju @ Raju Sri Md. Alimuddin AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Indian Penal Code — s. 392, 395, 412
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
2/2
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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