Patna High Court
Dawood Ansari @ Daud AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted to the petitioner after framing of charge.
Summary
The petitioner, Dawood Ansari, was arrested in connection with a case alleging the killing of a newborn child, charged under Sections 103(1), 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution’s case lacked an eye‑witness and the child was said to have been suffering from jaundice. The petitioner had been in custody since 23‑08‑2025 and had no prior criminal record. The petitioner’s counsel argued that there was no motive and no solid evidence, while the Additional Public Prosecutor opposed bail. The High Court, noting the absence of antecedents and lack of motive, granted bail after framing of charge, subject to a Rs 10,000 bond with two sureties and conditions under CrPC Section 438(2) and B.N.S. Section 482(2). The order was made on a prima‑facie basis and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita.
- Whether the lack of eye‑witness and absence of prior criminal record justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- newborn homicide
- no eye‑witness
- prima facie
- section 438 CrPC
- section 482 B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16607 of 2026
Arising out of PS. Case No.-178 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Dawood Ansari @ Daud Ansari, S/o Hakim Ansari, R/o Village- Teknewas,
P.S.- Mohammadpur, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Mohammadpur P.S.
Case No. 178 of 2025 registered for the offences punishable
under Sections 103(1), 238 and 3(5) of Bhartiya Nyaya Sanhita,
2023.
3. The allegation is that the husband of the informant
has killed her newly born child.
4. Learned counsel for the petitioner submits that
there is no eye-witness to the occurrence and the child was of
sixteen days. He further submits that the child was suffering
from jaundice. It is also submitted that the petitioner is in
custody since 23.08.2025 and has no criminal antecedent.
Patna High Court CR. MISC. No.16607 of 2026(3) dt.07-05-2026
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5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the petitioner is in custody since
23.08.2025 and has no criminal antecedent as well as the fact
that no motive has been assigned for this gruesome allegation,
this Court is inclined to grant bail to the petitioner after framing
of charge.
7. Let the petitioner, above named, be
released on bail after framing of charge on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge, Gopalganj in
connection with Mohammadpur P.S. Case No. 178 of
2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
Patna High Court CR. MISC. No.16607 of 2026(3) dt.07-05-2026
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influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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