Ishmail Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34317 of 2026 Arising Out of PS. Case No.-601 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ishmail Ansari S/O Mohamad Mustakim R/O Vill.- Kust Colony Rajendra Stadium, P.S.- Bhagwan Bazar, Dist.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2026 Heard Mr. Nawal Kishore Singh, learned counsel for the petitioner and Mr. Satyendra Prasad, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 28.11.2025 in connection with Muffasil P.S. Case No. 601 of 2025, F.I.R. dated 02.11.2025 for the offences punishable under Sections 331(4), 305, 317(4) and 313 of the BNS, 2023.
3. According to prosecution case, some unknown miscreants have committed theft in the house of the informant where several articles were found to be stolen including ornaments and cash.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.34317 of 2026(2) dt.18-06-2026 2/3 alleged in the FIR. The petitioner is not named in the FIR and his name has been transpired during investigation on the basis of confessional statement of the co-accused, namely, Julmi @ Santosh Malik and except this, nothing has come during investigation which suggest the involvement of the petitioner in the present occurrence and nothing has been recovered from the conscious possession or the house of the petitioner. Till date no TIP has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Subhash Basfor @ Subash Basfor and Bikram Kumar have been granted bail by this Court vide order dated 07.04.2026 passed in Cr. Misc. No. 22578 of 2026. The petitioner is in custody since 28.11.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries four criminal antecedents other than the present one but fairly submits that he is on bail in two cases and rest two cases are pending for consideration before the competent court of law.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing
Patna High Court CR. MISC. No.34317 of 2026(2) dt.18-06-2026 3/3 bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM1st, Sarant at Chapra in connection with Muffasil P.S. Case No. 601 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J) Vanisha/- U T