Ahmad Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70778 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== Ahmad Raza Son of Abdul Majid R/o Village - Bindwal, P.S. - Hussainganj, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Thakur, Adv.
Ms.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Hussainganj P.S. Case No. 49 of 2024 dated 23.02.2024 registered for the offences punishable under Section 363 read with Section 34 of the I.P.C. Later on, Sections 201, 302 and 120B of the I.P.C. were also added.
3. As per the prosecution case, on 22.02.2024 at about 7.30 P.M., the co-accused Bullet Ansari @ Ahsanul Haque called on the informant's son's phone and asked him to come to his house. Thereafter, the informant's son went to his house. At 8.00 P.M., when the informant's son did not return then the informant called on his son's mobile then his son informed that
Patna High Court CR. MISC. No.70778 of 2025(2) dt.28-11-2025 2/3 he was at the house of the co-accused Bullet Ansari @ Ahsanul Haque and the co-accused Saiyad Ansari was also present there. At 2.00 A.M., the informant again called on his son's phone but it was found switched-off then the informant went to the house of the co-accused Bullet Ansari but did not found the co-accused persons. It is further alleged that the informant believed that the co-accused Saiyad Ansari and Bullet Ansari @ Ahsanul Haque had kidnapped his son. The reason behind the occurrence is that three days before this incident the co-accused Saiyad Ansari had threatened to kill the informant's son. It is further alleged that when the wife of the informant went for call of nature in the night she saw in the torch light that her son was going with the co-accused Saiyad Ansari and Bullet Ansari @ Ahsanul Haque towards the eastern direction.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no concern with the alleged offence and he has falsely been implicated in the present case due to dirty village politics. The petitioner is not named in the F.I.R. and his name has come in the present case during the course of investigation. It is further submitted that the dead body of the deceased was recovered behind the house of
Patna High Court CR. MISC. No.70778 of 2025(2) dt.28-11-2025 3/3 the co-accused Bullet Ansari and Saiyad Ansari. However, there is no material available on the record to suggest the implication of the petitioner in the present case. The co-accused person has already been granted regular bail by this court vide order dated Hussainganj passed in Cr. Misc. No. 21311/2025. The petitioner has no criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 27.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Hussainganj P.S. Case No. 49 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T