Md. Ehasan @ Ehasan Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81798 of 2025 Arising Out of PS. Case No.-563 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Md. Ehasan @ Ehasan Ansari Son of Safadar Ali Resident of Village - Tola Chatkari, Akelavatand, P.S.- Rajauli, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Adv.
For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 563 of 2024 dated 04.12.2024 registered for the offences punishable under Sections 303(2), 105, 111(3) and 111 of the B.N.S. and Sections 3, 4 and 5 of the Explosive Substance Act.
3. As per the prosecution case, the informant has alleged that mafia was involved in illegal mining of Mica and were using explosive to procure the same. It has further been alleged that on account of the explosion, one person namely, Basudeo Bhuiyan had died.
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4. The learned counsel for the petitioner submits that petitioner has falsely been implicated and the petitioner along with altogether 16 to 17 persons are said to have gathered at the place of occurrence. It has next been submitted that the petitioner has no role in the said incident and he has no concern whatsoever with the illegal mining of Mica. Learned counsel has further submitted that similarly co-accused persons namely, Rahul Turia, Mahendra Singh, Shamshad Miyan and Alim Ansari have been granted bail by the Coordinate Bench of this court vide orders dated 22.08.2025, 19.09.2025 and 21.11.2025 respectively. It has lastly been submitted that the petitioner has one criminal antecedent which is under the Excise Act.
5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the parties and taking into account the facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in
3/4 connection with Rajauli P.S. Case No. 563 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence on two 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. (iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedents, the trial court shall take necessary steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
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7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Gautam/- U T