Patna High Court – Orders
Imam Ansari @ Sugan @ Imam Hussain vs The State Of Bihar on 8 August, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24914 of 2025
Arising Out of PS. Case No.-49 Year-2024 Thana- HUSSAINGANJ District- Siwan
======================================================
1. Imam Ansari @ Sugan @ Imam Hussain S/o Md. Tahir Resident Of Village-
Bindwal, Ps- Hussainganj, Distt.- Siwan
2. Mohammad Ansari @ Bhuttu S/o Md. Tahir Resident Of Village- Bindwal,
Ps- Hussainganj, Distt.- Siwan
3. Ahmad Raza S/o Abdul Majid Resident Of Village- Bindwal, Ps-
Hussainganj, Distt.- Siwan
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar
For the Opposite Party/s : Mr. Raj Ballabh Singh
For the Informant : Mr. Alok Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
4 08-08-2025
Heard learned counsel for the petitioners, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. Earlier vide order dated 04.07.2025, the
anticipatory bail application of the petitioner no. 3 was
dismissed as withdraw.
3. The petitioner no. 1 and 2 are apprehending their
arrest in connection with Hussainganj P.S Case No. 49/2024
dated 23.02.2024 registered for the offence punishable u/s 363
201, 302 and 120B read with Section 34 of the Indian Penal
Code.
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4. As per the prosecution case, on 22.02.2024 at about
7.30 P.M., 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 the house of the co-
accused, Bullet Ansari. At 8.00 P.M., the informant called on his
son’s mobile then he informed that he is at the house of the co-
accused persons, Bullet Ansari and Saiyad Ansari is also present
there. At 2.00 A.M., the informant again called on his son’s
phone but it was switch-off. It is further alleged that the
informant believed that the petitioners and the co-accused
persons have kidnapped his son. The reason behind the
occurrence is that three days before Saiyad Ansari had
threatened the informant’s son to kill him. 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 persons, Bullet Ansari and Saiyad Ansari towards
the east direction.
5. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been
implicated in this case. The petitioners have no criminal
antecedent as stated in para 3 of the bail petition. The petitioners
are not named in the F.I.R. The name of the petitioners have
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sprung up in this case during the course of investigation.
Learned counsel has submitted that the dead body of the
deceased was recovered behind the house of the co-accused
persons, Bullet Ansari and Syed Ansari. However, there is no
material available on the record that shows the involvement of
the petitioners in the crime alleged. Learned counsel has
submitted that the said anticipatory application was filed before
the process u/s 82 of the Cr.P.C. was issued against the petitioners.
Learned counsel for the petitioners has submitted that in the
case of Asha Dubey Vs. State of Madhya Pradesh (Cr.
Appeal No. 4564 of 2024/ SLP (CRL). No. 13123 of 2024, the
Hon’ble Supreme Court held that the issuance of process under
Section 82 of the Cr.P.C is not a complete embargo to consider
the application for grant of anticipatory bail. Paras- 8 & 9 of the
order of Hon’ble Supreme Court are being quoted hereinbelow:-
8. Coming to the consideration of
anticipatory bail, in the event of the
declaration under Section 82 of the Cr.P.C.,it
is not as if in all cases that there will be a
total embargo on considering the
application for the grant of anticipatory
bail.”
9. When the liberty of the appellant is pitted
against, this court will have to see the
Patna High Court CR. MISC. No.24914 of 2025(4) dt.08-08-2025
4/6circumstances of the case, nature of the
offence and the background based on which
such a proclamation was issued. Suffice it is
to state that it is a fit case for grant of
anticipatory bail, on the condition that the
appellant shall cooperate with the further
investigation. However, liberty is also given
to the respondents to seek cancellation of
bail that has been granted, in the event of a
violation of the conditions which are to be
imposed by the Trial Court or if there are
any perceived threats against the witnesses.
6. Learned A.P.P. for the State as well as the learned
counsel for the informant have vehemently opposed the prayer
of anticipatory bail of the petitioners. Earlier the regular bail of
the co-accused persons have been rejected by this court vide
order dated 24.03.2025 passed in Cr. Miscellaneous No. 52759
of 2024. Learned counsel has further submitted that the instant
anticipatory bail application is not maintainable as the process u/s
82 of the Cr.P.C. has already been issued against the petitioners
vide order dated 24.06.2025. The petitioners are declared a
proclaimed offender. Learned counsel for the informant has further
relied upon the case of (Abhishek vs. State of Maharashtra
(2022) 14 SCC 529) where it was held that “As regards the
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implication of proclamation having been issued against the
appellant, we have no hesitation in making it clear that any
person, who is declared as an ‘absconder’ and remains out of
reach of the investigating agency and thereby stands directly at
conflict with law, ordinarily, deserves no concession or
indulgence.” Reliance has further been placed on the decisions of
(Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730, Adri Dharan
Das vs. State of W.B. (2005) 4 SCC 303) and (Prem Shankar
Prasad vs. State of Bihar 2021 SCC Online SCC 955) and in the
case of (State of Haryana vs. Dharamraj (Cr. Appeal No. 2635 of
2023 @ out of SLP (Cri.) No. 2256 of 2022, reported in 2023
LiveLaw (SC) 739: 2023 INSC 784) disposed of 29.08.2023
wherein the Hon’ble Apex Court has held that: “Anticipatory bail
can be granted to a person to a proclaimed offender only in
exceptional and rare case.” It is further submitted that the
materials available on the record do not reveal any exceptional or
rare case due to which the plea of anticipatory bail may be
considered. Learned counsel for the informant has further relied on
the judgment of Srikant Upadhyay & Ors Vs State of Bihar &
Anr. in SLP (Crl) No. 7940 of 2023 where it was held that
“even after the issuance of non-bailable warrants they did not
care to appear before the Trial Court and did not apply for
regular bail after its recalling. It is a fact that even after coming to
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know about the proclamation under Section 82 Cr.P.C., they did
not take any steps to challenge the same or to enter appearance
before the Trial Court to avert the consequence. Such conduct of
the appellants in the light of the aforesaid circumstances leaves us
with no hesitation to hold that they are not entitled to seek the
benefit of pre-arrest bail.”
7. Considering the aforesaid facts and circumstances of
the case as well as finding substance in the contention of learned
counsel for the State and the learned counsel for the informant and
the fact that the process u/s 82 has been issued against the
petitioners, accordingly, the anticipatory bail petition is not
maintainable. Accordingly, the same is disposed of with direction
to the petitioners to surrender to the Court below within a period
of six weeks from the date of this order and the Court below will
consider the prayer of the regular bail of the petitioners in
accordance with law without being prejudice by this order.
8. The application stands disposed of.
(Chandra Prakash Singh, J)
atul/-
U T
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