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Patna High Court

Farzana AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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