Patna High Court
Bullet Ansari @ Asanul HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Bullet Ansari was charged under IPC sections 363, 302, 120B, 201 and 34 for allegedly kidnapping and killing the son of an informant. He had previously been denied bail, but argued that the case was based only on suspicion, with no incriminating material recovered and no eyewitnesses, and that only one prosecution witness had been examined. The State opposed bail, citing the seriousness of the offences. The court noted the lack of substantive evidence, the long pre‑trial custody since March 2024, and the fact that a co‑accused in a similar case had been granted bail. Consequently, the court granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as cooperation with the trial, attendance requirements, and provisions for cancellation if evidence is tampered with.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under sections 363, 302, 120B, 201 and 34 of the IPC.
- Whether the lack of eyewitnesses and substantive evidence warrants bail.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34, 363
Subjects
- bail
- kidnapping
- murder
- criminal conspiracy
- evidence tampering
- IPC
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87609 of 2025
Arising Out of PS. Case No.-49 Year-2024 Thana- HUSSAINGANJ District- Siwan
======================================================
Bullet Ansari @ Asanul Haque S/o Mohammad Alam @ Alam Ansari
Resident of Village- Bindwal, P.S.- Hussain Ganj, District- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Shekhar Pandey, Adv.
Mr. Masoom Raza, Adv.
Mr. Aman Kumar, Adv.
Mr. Parijat Karan, Adv.
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Husssainganj P.S. Case No. 49 of 2024 dated 23.02.2024
registered for the offence punishable under Sections 363, 302,
120B, 201/34 of the Indian Penal Code.
3. The petitioner is alleged to have kidnapped and
killed the son of the informant.
4. This is second attempt for grant of regular bail
application to the petitioner. Earlier, the prayer of bail of the
petitioner was rejected on 24.03.2025 by a co-ordinate Bench of
this Court alongwith co-accused Saiyad Ansari.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
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case. It is submitted that the petitioner has been made accused
only on the basis of suspicion. Nothing incriminating has been
recovered from the conscious possession of the petitioner. There
is no eye witness to the occurrence. It is further submitted that
after framing of charge, only one witness has been examined on
behalf of the prosecution. Further, it is submitted that similarly
situated person, namely, Saiyad Ansari whose bail application
was earlier rejected alongwith the petitioner, has been granted
bail vide order dated 01.12.2025 passed in Criminal
Miscellaneous No. 76870 of 2025 by a co-ordinate Bench of
this Court. The petitioner is in custody since 07.03.2024, having
one criminal case against him.
6. Learned A.P.P for the State opposes the prayer for
bail of the petitioner.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions
Judge-X, Siwan, Bihar in connection with Hussainganj P.S.
Case No. 49 of 2024, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
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date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the S.H.O.
of his local area alongwith a copy of this order and
shall appear every fortnightly to mark his
attendance till conclusion of the trial.
(Khatim Reza, J)
prabhat/-
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