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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48 of 2026 Arising Out of PS. Case No.-78 Year-2025 Thana- CHIHARA District- Jamui ====================================================== Ulfat Ansari, Male, aged about 28 years, S/O Suleman Ansari @ Suleman Miyan, R/ O Village- Madhupur Bongi, Police Station- Chihra, District- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 15-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in connection with Chihra PS Case No.78 of 2025 dated 16.09.2025, instituted for the offence punishable under Sections 308(3), 308(4), 308(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 16, 17, 18, 20 and 21 of the UAPA Act. 3. The prosecution case in brief is the Informant received a secret information that at village Rokhha Tola, in the field one black flag was hoisted and some parchi etc. were lying there on which the informant along with the police force arrived at the field of village Rakhha Tola and found all the above said articles and some plates of foam scattered in the field and then
Patna High Court CR. MISC. No.48 of 2026(2) dt.15-01-2026 2/3 the informant seized the flag of black cloth, some parcha and the foam plates. On a white paper, it was written in the red ink that communist naxalites were giving information to the administration for getting the arms for conducting the smooth election, demand of levy by some Mukhiyas of the village including demand of sand vehicle and fish vehicle and on non- compliance, threat to oppose the election campaigning of Minister Sumit Kumar, and at the end of letter, "LAL SALAM' was written. On secret enquiry from the villagers of neighbourhood, it was found that some unknown naxalites have put the black flags with naxal parcha for creating obstruction in the upcoming Assembly Election by creating the fear among the villagers in election. 4. Learned counsel for the petitioner submits that FIR has been lodged against unknown persons regarding naxal activities. Learned counsel further submits that the petitioner has been made accused only on the basis of suspicion and his past criminal antecedents.
Nothing incriminating material has been recovered either from the conscious possession or from the house of the petitioner. There is no cogent material to connect the petitioner with the naxal activities. Lastly, it is submitted that the petitioner is in custody since 19.09.2025 and four
Patna High Court CR. MISC. No.48 of 2026(2) dt.15-01-2026 3/3 criminal cases were pending against the petitioner, but the petitioner has been acquitted in three cases. Charge-sheet has been submitted in the case. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Jamui, in Chihra PS Case No.78 of 2025. 7. The application stands allowed. J. Alam/- (Khatim Reza, J) U T