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Patna High Court

Mohammad Ansari @ BhuttuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of direct evidence and with no risk of flight or tampering, the petitioners are entitled to bail.

Summary

Petitioners Mohammad Ansari and Imam Ansari applied for bail in a case registered under IPC sections 363 read with 34, and later 201, 302, 120B, alleging kidnapping and murder. The FIR did not name them, and they argued false implication and lack of criminal history. The prosecution opposed bail but did not dispute the petitioners' contentions. The court observed that no direct evidence linked the petitioners, that similarly situated co‑accused had already been released on bail, and that there was no risk of flight, witness tampering, or misuse of liberty. Considering these factors, the court granted bail with a bond of Rs. 25,000 and standard conditions, emphasizing that the order does not prejudice the trial's merits.

Issues considered

  • Whether bail should be granted to co‑accused not named in the FIR in a serious offence under IPC sections 363, 34, 201, 302, 120B
  • Whether the absence of direct evidence and similarity to other co‑accused released on bail warrants bail
  • Whether there is any risk of flight, witness tampering, or misuse of liberty that would justify denial of bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • kidnapping
  • murder
  • criminal procedure
  • presumption of innocence
  • trial
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91258 of 2025
                     Arising Out of PS. Case No.-49 Year-2024 Thana- HUSSAINGANJ District- Siwan
                 ======================================================
           1.     Mohammad Ansari @ Bhuttu S/o Mohammad Tahir Ansari Resident Of
                  Village- Bindwal, Ps- Hussainganj, Dist- Siwan
           2.    Imam Ansari @ Sagun @ Imam Hussain S/o Mohammad Tahir Ansari
                 Resident Of Village- Bindwal, Ps- Hussainganj, Dist- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar Shahi, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                    1.By means of this bail application, petitioners, who

                   are involved in connection with Hussainganj P.S Case no. 49 of

                   2024 registered for the offences under Section 363 read with

                   Section 34 of I.P.C to which Sections 201, 302, 120(B) of I.P.C

                   were added subsequently, seek enlargement on bail during the

                   pendency of trial.

                           2. Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor representing the State.


                           3. The brief facts of the case which are required to be

                   stated are that Anwar Ali who is father of the deceased gave an

                   information to the police on 23.02.2024 stating inter alia that on

                   22.02.2024 at about 07.30 P.M., co-accused, Bullet Ansari @
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          Ahsanul Haque asked his son on phone to come to his house.

          Thereafter, his son went to the house of co-accused Bullet

          Ansari @ Ahsanul Haque. At about 8.00 P.M., when he called

          on his son’s mobile, then he informed that he is at the house of

          co-accused Bullet Ansari @ Ahsanul Haque. At about 2.00

          A.M., he again made a call on his son’s phone but it was

          switched off. Hence he believed that his son has been kidnapped

          by Bullet Ansari @ Ahsanul Haque. FIR also alleges that when

          informant’s wife went to attend call of nature in the night, she

          saw in the torch light that her son was going with Bullet Ansari

          @ Ahsanul Haque and Saiyad Ansari.

                  4.It is argued by learned counsel for the petitioners that

          petitioners are innocent and they have been falsely implicated in

          this case due to ulterior motive. It is further submitted that the

          petitioners are not named in the FIR. After five days of

          registration of FIR, complainant moved another application

          dated 28.03.2024 stating inter alia that in the said incident four

          other persons were also involved, whose name later on surfaced

          as Abdul Majid, Ahmed Raqza and petitioners namely

          Mohammad Ansari @ Bhuttu and Imam Ansari @ Sagun. It is

          also pointed out that co-accused Abdul Majid, Ahmed Raqza

          and Saiyad Ansari have been granted bail by a coordinate Bench
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          of this Court vide orders dated 13.11.2025, 28.11.2025 and

          01.12.2025 respectively, hence the petitioners are also entitled to

          be released on bail. The petitioners have no criminal history.

          Averments in this regard have been mentioned in paragraph no.

          3 of the bail application. Several other submissions in order to

          demonstrate the falsity of the allegations made against the

          petitioners have also been placed forth before the Court. Lastly,

          it is submitted that petitioners are languishing in jail since

          26.08.2025. In case they are released on bail, they will not

          misuse the liberty of bail and cooperate with the trial.

                  5.Per contra, learned Additional Public Prosecutor for the

          State opposed the prayer for bail of the petitioners reiterating

          the prosecution case as mentioned in F.I.R. but he does not

          dispute the averments made in bail application and the

          submission made at the bar on behalf of the petitioners.

                  6.Having heard the submissions of learned counsel for the

          parties and perused the record, I find that petitioners are not

          named in the FIR. There is no direct evidence against them and

          identically situated co-accused Abdul Majid and Ahmed Raqza

          have been granted bail as noted above. The named accused

          Saiyad Ansari has also been released on bail. The investigation

          has been completed and charge-sheet has been submitted against
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          the petitioners. Now there is no possibility of tampering the

          witnesses. Due to heavy docket of the cases, the possibility of

          conclusion of trial of the petitioners in near future is very bleak.

          There is no chance of the petitioners, of fleeing away from the

          judicial process or tampering with the prosecution evidence. As

          on date there is no material on record to presume that there is

          danger, of course, of justice being thwarted by grant of bail to

          the petitioners.

                  7.In view of the above, without entering into merit of the

          case, keeping in view the nature of the offence, evidence,

          severity     of    punishment,          complicity   of   the   petitioners,

          submissions of the learned counsel for the parties made at the

          bar and reasons as noted above, this Court is of the opinion that

          the petitioners are liable to be released on bail.

                  8.Accordingly, the bail application of the petitioners

          stands allowed.

                  9.Let the petitioners namely Mohammad Ansari @ Bhuttu

          and Imam Ansari @ Sagun @ Imam Hussain be released on bail

          in the aforesaid case on furnishing bail bond of Rs. 25,000/-

          (Rupees Twenty Five Thousand only) each with two sureties in

          the like amount each to the satisfaction of the Court concerned

          with the following conditions that :-
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                  (i) the petitioners shall cooperate with the expeditious

          disposal of the trial and shall regularly attend the Court unless

          inevitable. Two consecutive default in putting appearance shall

          lead to an action towards cancellation of the bail bond of the

          petitioners.

                  (ii) the petitioners shall not directly or indirectly make

          any inducement, threat or promise to any person acquainted

          with the facts of the case so as to dissuade him from disclosing

          such facts to the Court or to any police officer or tamper with

          the evidence.

                  (iii) the petitioners shall not directly or indirectly involve

          in any criminal activity after being released on bail.

                  (iv) in case, at any stage it is found the petitioners have

          concealed their criminal history before this Court, learned Court

          below shall cancel the bail bonds of the petitioners after hearing

          them and getting satisfied that the petitioners have concealed

          criminal antecedents despite their knowledge of the same.

                  (v) in case, it is brought to the notice of the Court below

          that statement regarding previous bail petition is wrong, learned

          Court below shall cancel the bail bonds of the petitioners.

                  10. It is clarified that anything said in this order is limited

          to the purpose of determination of this bail application and will
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                      in no way be construed as an expression on the merits of the

                      case. The trial court shall be absolutely free to arrive at its

                      independent conclusions on the basis of evidence led unaffected

                      by anything said in this order.

                              11.The trial Court shall make an endeavour to conclude

                      the trial of the petitioners expeditiously without granting

                      unnecessary adjournment to either of the parties.


                                             (Sanjay Kumar Singh , J)

Prakash/-

U


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