Kaushar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40968 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Kaushar Ansari S/o Kalamuddin Ansari R/o Village-Chainpur Mohalla ,Mughalpura, P.S.- Chainpur, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shahbaj Alam, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chainpur P.S. Case No. 293 of 2024 instituted for the offence under Sections 126(2), 115(2), 109(2), 352, 103(1), 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3.

On 10.08.2024, during construction on disputed land, Kausar Ansari (petitioner) along with his armed brother and others, confronted Bashir Ansari. A scuffle broke out, during which petitioner allegedly shot fire at Rajaul Haq, causing his death, and his brother shot and injured Kaful Vara Ansari. The accused later fired from their rooftop to spread

Patna High Court CR. MISC. No.40968 of 2025(2) dt.10-07-2025 2/3 panic. The incident stems from a land dispute earlier decided in favor of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-08-2024. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing incriminating has been recovered from the possession of the petitioner. There is no eye witness to the occurrence. Learned counsel for the petitioner submits that alleged story is concocted and baseless, as it appears that the scuffle took place between parties due to land dispute and same has been admitted by the informant.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and it is contended that there is specific allegation of firing against the petitioner, leading to death of Rajaul Haq.

7.

Considering the aforesaid facts and circumstances of the case, there being direct allegation of firing against the petitioner, leading to death of Rajaul Haq, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail to

Patna High Court CR. MISC. No.40968 of 2025(2) dt.10-07-2025 3/3 the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T