Harun Ansari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Harun Ansari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner granted bail in Darauli P.S. Case No. 411/2024 on bail bonds of Rs. 30,000/- (Section 2(1)(d), BNSS 2023) to the satisfaction of CJM, Siwan, subject to Section 480(3) BNSS 2023 conditions; release by the trial court only after framing of charge and confirmation that the petitioner is not absconding in Darauli P.S. Case No. 11 of 2024 and Muffasil P.S. Case No. 620 of 2022.

Issue for consideration

Whether the petitioner, whose earlier prayer for bail was rejected on 04.06.2025 in Criminal Miscellaneous No. 34689 of 2025, should now be released on bail in connection with Darauli P.S. Case No. 411/2024. +1 more

Court's answer

Bail granted to the petitioner in Darauli P.S. Case No. 411/2024 on furnishing bail bonds of Rs. 30,000/- as mentioned in Section 2(1)(d) of the BNSS, 2023, to the satisfaction of the learned CJM, Siwan, subject to the conditions laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio / Principle

Actual release is deferred: the trial court shall release the petitioner on bail only after framing of charge (if not already framed) and on being satisfied that the petitioner is not absconding in any of the other cases mentioned in paragraph no. 3 of the petition.

Detailed headnote1 paragraphs

Bail — Renewed application after earlier refusal — Petitioner (in custody since 01.01.2025, over ten months) sought bail in Darauli P.S. Case No. 411/2024 (Dist. Siwan), wherein a loaded desi katta and a live cartridge were allegedly recovered from his possession; earlier prayer rejected on 04.06.2025 in Criminal Miscellaneous No. 34689 of 2025; Magistrate's report dated 01.11.2025 showed trial still at the stage of charge. Held: bail granted on bonds of Rs. 30,000 as mentioned in Section 2(1)(d), BNSS 2023, to the satisfaction of CJM, Siwan, subject to Section 480(3), Bharatiya Nagarik Suraksha Sanhita, 2023 conditions; however, actual release ordered only after framing of charge and on verification that the petitioner is not absconding in the other two cases against him (Darauli P.S. Case No. 11 of 2024; Muffasil P.S. Case No. 620 of 2022). (Dr. Anshuman, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68480 of 2025

Arising Out of PS. Case No.-411 Year-2024 Thana- DURAULI District- Siwan

======================================================

Harun Ansari S/O Ful Mohammad Ansari Resident of Vill.-Ukredi, P.S.Darauli, Dist.- Siwan

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Y. C. Verma, Sr. Advocate Ms.Kumari Anupam, Advocate For the Opposite Party/s : Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 03-12-2025

Heard Mr. Y. C. Verma, learned Senior Counsel

assisted by Ms. Kumari Anupam, learned counsel for the petitioner, and Ms. Sharda Kumari, learned A.P.P. for the State.

Learned Senior Counsel for the petitioner submits that the petitioner’s prayer for bail has earlier been rejected vide order dated 04.06.2025 passed in Criminal Miscellaneous No. 34689 of 2025.

Learned Senior Counsel further submits that one loaded desi katta along with a live cartridge is alleged to have been recovered from the possession of the petitioner. It is further submitted that the petitioner is accused in two other criminal cases, but in both those cases he has already been granted bail. The petitioner is in custody since 01.01.2025, i.e., for more than

Patna High Court CR. MISC. No.68480 of 2025(3) dt.03-12-2025 2/3

ten months. Learned Senior Counsel also submits that the petitioner is ready to comply with any condition that may be imposed for grant of bail.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner is involved in the theft of an idol, which has also been recovered by the police during investigation. Learned A.P.P. further submits that, on an earlier occasion, a report regarding the present stage of the trial had been called for.

Upon perusal of the report dated 01.11.2025 from the I/c Judicial Magistrate, 1st Class, Siwan, it transpires that the case is fixed for hearing on the point of charge.

Learned Senior Counsel for the petitioner submits that till date, charge has not been framed in this case.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned CJM, Siwan in connection with Darauli P.S. Case No. 411/2024, subject to the conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Patna High Court CR. MISC. No.68480 of 2025(3) dt.03-12-2025 3/3

The learned Trail Court shall release the petitioner

on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-

(i) Darauli P.S. Case No. 11 of 2024

(ii) Muffasil P.S. Case No. 620 of 2022.

(Dr. Anshuman, J)

Ashwini/-

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