Patna High Court
Aftab Ansari @ Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioners with conditions.
Summary
Petitioners Aftab Ansari and Shamshad Ansari, who are in custody for alleged murder under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959, sought bail. The prosecution’s case relied mainly on a confessional statement of a co‑accused recorded seven days after the incident, alleging the petitioners were conspirators, while no incriminating material was recovered from them and they were not named in the FIR. The petitioners contended that the lack of direct evidence, their clean antecedents, and the delayed confessional statement did not justify denial of bail. The court examined these submissions and, noting the absence of material possession and the petitioners’ clean record, granted bail subject to strict conditions regarding sureties, personal appearance, and verification of antecedents. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- The adequacy of a confessional statement recorded after seven days as a basis to deny bail.
- Whether the absence of the petitioners' names in the FIR and lack of seized incriminating material warrant bail.
- Whether the petitioners' clean antecedents and the nature of the offences under the Bharatiya Nyaya Sanhita and Arms Act justify granting bail.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- confessional statement
- arms act
- murder
- conspiracy
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90276 of 2025
Arising Out of PS. Case No.-708 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
1. Aftab Ansari @ Aftab Alam, S/o- Md. Ashik Ansari Village- Parshurampur,
P.S.-Turkauliya, District- East Champaran Bihar
2. Shamshad Ansari @ Shamshad Alam @ Aman, S/o- Md. Ashik Ansari
Village- Parshurampur, P.S.-Turkauliya, District- East Champaran Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Mr. Pranav Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard Mr. Y.V. Giri, learned Senior counsel assisted
by Mr. Pranav Kumar, learned counsel, for the petitioners and
learned A.P.P. for the State.
2. Petitioners, who are in custody, seek bail in
connection with Harsidhi P.S. Case No. 708 of 2025 registered
for the offences punishable under Sections 103(1) and 61(2) of
the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms
Act, 1959.
3. The prosecution case is to the effect that the
informant's husband was returning from a party. It is alleged that
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all the FIR named accused persons intercepted him on his way
and committed his murder by a firearm. It has been alleged that
one Farzan Ansari was the conspirator who got her husband
killed and it has been specifically alleged that it was the co-
accused Katil Akhtar @ Sipahi, who had fired upon the husband
of the informant.
4. Learned Senior counsel for the petitioners submits
that the petitioners were not named in the FIR and their name
had surfaced on the confessional statement of one Abhinandan
Kumar, whose statement was recorded after seven days of the
occurrence. It has further been submitted that the said person
has only stated that the petitioners were the conspirators of such
crime. Learned Senior counsel has submitted that nothing has
been recovered from the conscious possession of the petitioners
and their name has been inserted as an afterthought and till date
no incriminating articles have been recovered from their
conscious possession. It has lastly been submitted that the
petitioners carry clean antecedents and they are in custody since
25.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail and has stated that the husband of the
informant was killed in a conspiracy by the petitioners along
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with others.
6. Considering the aforesaid submissions made by the
parties, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Harsidhi P.S. Case No. 708 of 2025, subject
to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative and the other shall be local
resident.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose
of or in the name of verification.
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7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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