Patna High Court
Md. Ehasan @ Ehasan AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Md. Ehasan Ansari, sought anticipatory bail fearing arrest in a case involving illegal mica mining, use of explosives, and the death of Basudeo Bhuiyan. The prosecution alleged his participation in the offence under sections of the Bihar Narcotic Substances Act and the Explosive Substance Act. The petitioner contended he was falsely implicated, had no role in the incident, and highlighted that co‑accused had already been granted bail, though he possessed a prior conviction under the Excise Act. The State opposed the bail. The High Court, considering the submissions and circumstances, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS, imposing specific conditions including surety, personal appearance, and possible cancellation for future similar offences. The order was made without prejudice to the trial, and the application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in view of the serious nature of the offences alleged.
- Whether the petitioner’s prior criminal antecedent under the Excise Act precludes the grant of anticipatory bail.
- Whether the conditions imposed by the court are appropriate and sufficient to safeguard the trial process.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 111, 111(3), 303(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal mining
- explosives
- murder
- Section 438 CrPC
- Bihar Narcotic Substances Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81798 of 2025
Arising Out of PS. Case No.-563 Year-2024 Thana- RAJAOLI District- Nawada
======================================================
Md. Ehasan @ Ehasan Ansari Son of Safadar Ali Resident of Village - Tola
Chatkari, Akelavatand, P.S.- Rajauli, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma, Adv.
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rajauli P.S. Case No. 563 of 2024 dated 04.12.2024
registered for the offences punishable under Sections 303(2), 105,
111(3) and 111 of the B.N.S. and Sections 3, 4 and 5 of the
Explosive Substance Act.
3. As per the prosecution case, the informant has
alleged that mafia was involved in illegal mining of Mica and
were using explosive to procure the same. It has further been
alleged that on account of the explosion, one person namely,
Basudeo Bhuiyan had died.
Patna High Court CR. MISC. No.81798 of 2025(3) dt.15-01-2026
2/4
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated and the petitioner along
with altogether 16 to 17 persons are said to have gathered at the
place of occurrence. It has next been submitted that the petitioner
has no role in the said incident and he has no concern whatsoever
with the illegal mining of Mica. Learned counsel has further
submitted that similarly co-accused persons namely, Rahul Turia,
Mahendra Singh, Shamshad Miyan and Alim Ansari have been
granted bail by the Coordinate Bench of this court vide orders
dated 22.08.2025, 19.09.2025 and 21.11.2025 respectively. It has
lastly been submitted that the petitioner has one criminal
antecedent which is under the Excise Act.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of the
case, the petitioner, above named, is directed to be released on
anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, 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 Court below where the case is pending/successor court in
Patna High Court CR. MISC. No.81798 of 2025(3) dt.15-01-2026
3/4
connection with Rajauli P.S. Case No. 563 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
BNSS as well as subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial and
shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
Patna High Court CR. MISC. No.81798 of 2025(3) dt.15-01-2026
4/4
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…