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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

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
                                 2/3




           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
                                         3/3




            influence the trial or any other proceedings in any

            manner.



                                                (Ansul, J)
Vikash/-
U       T


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