Samir Ansari @ Mohammad Samir Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26245 of 2025 Arising Out of PS. Case No.-525 Year-2011 Thana- BETTIAH CITY District- West Champaran ====================================================== Samir Ansari @ Mohammad Samir Ansari S/o- Mobin Alam @ Mobin Master ward No- 1 jamadar tola Bettiah Ps- Kalibag District-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vatsal Verma, Adv.
For the Opposite Party/s :
Mr.Anil Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Bettiah Town P.S. Case No. 525 of 2011, registered for the offences under Sections 25(1B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, police received information about a criminal firing upon one Deepak Kumar and hiding in his house which was surrounded by general public. Police reached there and apprehended the co-accused Md. Tahir @ Md. Azhar who disclosed the names of the petitioner and other co-accused person at whose instance, the apprehended co-accused and other co-accused persons, Md. Ali and Md. Sonu, shot at the said Deepak Kumar.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.26245 of 2025(2) dt.05-05-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been named in this case on disclosure by co-accused Md. Tahir but no parental name was mentioned in the FIR and it is not clear how the police came to know that the co-accused named this petitioner. However, this petitioner has been in custody from the year 2015-2019 but the petitioner was never remanded in the present case which was registered on 26.10.2011. For 14 years the petitioner was not remanded and all of a sudden he has been taken into custody after remand from some other case. Learned counsel further submits that petitioner is having antecedent of 14 cases but in four cases he has been acquitted and he is on bail in all other cases. The petitioner was not even aware about institution of the present case against him. The petitioner is in custody since 30.01.2025 and charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that at the instance of the petitioner, the person was shot at.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody and submission of charge sheet, the petitioner
Patna High Court CR. MISC. No.26245 of 2025(2) dt.05-05-2025 3/3 is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran/concerned court, in connection with Bettiah Town P.S. Case No. 525 of 2011, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T