Jahir Ansari @ Jahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22677 of 2026 Arising Out of PS. Case No.-440 Year-2025 Thana- SISWAN District- Siwan ====================================================== Jahir Ansari @ Jahir S/O Kasim Ansari Resident of Village- Gayaspur, P.S.- Siswan, Dist.- Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Siswan P.S. Case No. 440 of 2025 lodged on 31.12.2025, for the offence punishable under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, pending in the Court of A.C.J.M.-VII, Siwan.

3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioner alleging that all the accused persons came and armed with guns and started firing. As a result, one bullet struck the informant's

Patna High Court CR. MISC. No.22677 of 2026(2) dt.16-04-2026 2/3 cousin son, who sustained injuries and subsequently died in the hospital during treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that there is general and omnibus allegation against the petitioner. Counsel submits that the petitioner is resident of adjacent village and due to earlier enmity, his name has figured in this case unnecessarily. Counsel further submits that the petitioner has clean antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the present case has been lodged under section 103(1) of the BNS, 2023. Counsel submits that due to firing made by the accused persons, informant's cousin son sustained injuries and subsequently died in the hospital during treatment.

6. As such, in the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

7. However, if petitioner surrenders before the concerned Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day, without being

Patna High Court CR. MISC. No.22677 of 2026(2) dt.16-04-2026 3/3 prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Divyansh/- U T