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2025 DAILYLAW 45985 (PAT)

Harun Ansari v. The State of Bihar

CR. MISC./34689/2025 · 2025-06-04

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34689 of 2025 Arising Out of PS. Case No.-411 Year-2024 Thana- DURAULI District- Siwan ====================================================== Harun Ansari Son of Ful Mohammad Ansari Resident of Village- Ukreri, P.S.- Darauli, District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 04-06-2025 No one appears on behalf of the petitioner even after repeated call. However, learned APP for the State is present. 2. It appears from the record that the present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of regular bail to the petitioner who is in custody in connection with Darauli P.S. Case No. 411 of 2024, lodged on 31.12.2024, under Sections 317(2), 317(3), 317(4), 317(5), 111(2) of B.N.S., 2023 and Section 25(1-b)a, 26, 35 of the Arms Act. 3. As per the prosecution, the recovery of one Desi loaded Katta and a live cartridge have been made from the possession of the petitioner on their disclosure idols has also been recovered. Patna High Court CR. MISC. No.34689 of 2025(2) dt.04-06-2025 2/3 4. It has been pleaded in the bail petition that petitioner is innocent and has committed no offence and he has falsely been implicated in this case only on the basis of suspicion by the police. It has been further pleaded that nothing incriminating article has been recovered from the possession of the petitioner and he has been remanded in the present case due to police mechanism. It has been further pleaded that petitioner has made scapegoat by the police only recovery of one mobile and one loaded country made katta has been made but police planted the mobile and country made pistol from the possession of the petitioner. It has been further pleaded that petitioner has been made accused only due to the reason that his antecedent is not clean and he is in custody since 01.01.2025. It has also been mentioned in the bail application that petitioner is man of means and no chance of tempering with the prosecution evidence, if petitioner enlarge on bail. 5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that in the FIR itself it becomes crystal clear that the recovery of Desi Katta and one live cartridge have been made from the possession of the petitioner in addition to that the confession has been made that all accused persons have committed theft of idols and on the Patna High Court CR. MISC. No.34689 of 2025(2) dt.04-06-2025 3/3 disclosure of accused the said idols were also recovered by the police. 6. In this background, this Court is not inclined to enlarge the petitioner on bail in connection with Darauli P.S. Case No. 411 of 2024 pending in the court of learned Chief Judicial Magistrate, Siwan. Hence, the prayer for bail of the petitioner is hereby rejected. mdrashid/- (Dr. Anshuman, J) U T