Patna High Court
Farzana AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail as the substantive allegations are directed against her husband and she has no direct involvement in the offences.
Summary
Farzana Ansari, the wife of co‑accused Kamruddin Ansari, was arrested in connection with a case under Section 111(3) of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act after a search recovered a large quantity of illegal firearms from her husband’s house. The petitioner contended that she was implicated solely because of her marital relationship and had no direct involvement in the alleged offences. The State opposed bail, relying on the allegations in the FIR. The Court examined the charge‑sheet, noted that the primary thrust of the prosecution’s case was against the husband, and considered the petitioner’s status as a woman with no substantive role. Accordingly, the Court ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The order was directed to be complied with by the Chief Judicial Magistrate, Motihari, and the concerned court in Harsidhi.
Issues considered
- Whether the petitioner, Farzana Ansari, is entitled to bail despite being charged under the Arms Act and the Bihar Narcotic Substances Act.
- Whether the petitioner’s alleged participation is merely vicarious due to her relationship with the husband.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Bihar Narcotic Substances Act — s. 111(3)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- co‑accused
- wife
- criminal procedure
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77434 of 2025
Arising Out of PS. Case No.-634 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Farzana Ansari W/O Kamruddin Ansari @ Dholakia R/O Vill.- Sarsiva P.S-
Harsidhi Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
: Ms. Eashita Raj, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 23-02-2026 Heard Ms. Eashita Raj, learned counsel for the
petitioner and Mr. Shailendra Kumar Singh, learned APP for the
State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 111(3) of the B.N.S. and
Section 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, on secret
information, a search was conducted and recovery of illegal
arms and ammunition in huge quantity were made from the
house of co-accused, Kamruddin Ansari @ Dholakia, who
happens to be the husband of this petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is a lady and she has been made an accused in
Patna High Court CR. MISC. No.77434 of 2025(6) dt.23-02-2026
2/2
this case only on account of fact that she happens to be the wife
of Kammaruddin Ansari @ Dholakia and at his pointing out
some firearms were recovered from the trunk kept in his house
and some recovery has been made from the house of some
other person also. The petitioner is in custody since 14.09.2025
and charge-sheet has been submitted.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the thrust of the
allegation is against Kamruddin Ansari @ Dholakia, who is the
husband of the petitioner and the charge-sheet has been
submitted, let the above named petitioner, be released on bail
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 C.J.M., Motihari, East Champaran/concerned Court
below in connection with Harsidhi P.S. Case No. 634 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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