Kamaruddin Ansari @ Dholakia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19287 of 2026 Arising Out of PS. Case No.-708 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Kamaruddin Ansari @ Dholakia S/o- Amaruddin Ansari Village- Siriswa PSHarsidhi Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Majid Mahboob Khan, Advocate.
For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail registered for the offence punishable under Sections 103(1) and 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that while the husband of the informant was returning from a party, the FIR-named person intercepted him on his way, and one Katil Akhtar fired at the husband of the informant due to which he died.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that from perusal of the FIR, it is clear
Patna High Court CR. MISC. No.19287 of 2026(4) dt.03-07-2026 2/3 that at the time of the occurrence, the petitioner was in custody, and the role which has been attributed to the petitioner is that of conspiracy. There is no active participation of this petitioner in the said occurrence, and the main thrust of the allegation is against Katil Akhtar, who has fired at the husband of the informant. He further submits that though the petitioner had a criminal antecedent of 23 cases, but in all cases, he has been acquitted except 7 cases as given in para-3 of his bail petition. He further submits that similarly situated co-accused persons have been granted bail by the learned coordinate Benches of this Court as well as from this Court vide Cr. Misc. Nos. 90276 of 2025, 17622 of 2026, 15498 of 2026 and 13678 of 2026. Moreover, the petitioner is languishing in judicial custody since 05.01.2026.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner has got criminal antecedent of seven cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.19287 of 2026(4) dt.03-07-2026 3/3 of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 708 of 2025 with following conditions:- (i) the petitioner shall cooperate in the trial, shall physically present on each and every date fixed by the learned court below.
(ii) one of the bailors shall be his near relative. (iii) He shall also mark his weekly attendance at Harsidhi P.S.
7. Learned trial court is directed to verify whether the petitioner has been acquitted in all the cases except the seven cases which has been mentioned in para-3 of his bail petition and if it is found that petitioner has more than seven criminal antecendents, his bail bonds shall not be accepted by the learned trial court.
(Ashok Kumar Pandey, J) Sudhanshu/- U T