Patna High Court
Mahammad Matkarim Ansari @ Matkarim Ansari @ Md. Karim Ansari @ Md. KarimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court set aside the order rejecting anticipatory bail and directed release of the appellants on bail.
Summary
The appellants Mahammad Matkarim Ansari, Rushtam Ansari and Nurjaha Khatun were charged under sections 103(1), 238(a), 61 and 3(5) of the Bihar Narcotic Substances Act, 2023 for allegedly killing the brother of an informant. The prosecution’s case relied on a confession by co‑accused Shahana Khatoon, who claimed a love affair with the deceased and alleged blackmail. The investigating police, however, submitted a final report exonerating the appellants, but the District & Additional Sessions Judge rejected their anticipatory bail application. The appellants appealed the order dated 12‑02‑2026 rejecting bail. The Patna High Court held that the lower court erred in refusing bail in view of the police exoneration and set aside the impugned order, directing that the appellants be released on bail subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether the anticipatory bail petition of the appellants should be granted in view of the police exoneration and the co‑accused’s confession.
- Whether the lower court erred in rejecting bail despite the final report clearing the appellants.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238(a), 3(5), 482(2), 61
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- bail
- confession
- police exoneration
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- murder
- blackmail
- love affair
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1258 of 2026
Arising Out of PS. Case No.-3 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
1. Mahammad Matkarim Ansari @ Matkarim Ansari @ Md. Karim Ansari @
Md. Karim S/O Late Sahabuddin Miya @ Shahabuddin Ansari R/O Village-
Pahadpur, P.S- Gopalpur, District- Gopalganj, Bihar.
2. Rushtam Ansari @ Roshtam Ansari @ Rustam Ansari S/O Mahammad
Matkarim Ansari @ Matkarim Ansari @ Md. Karim Ansari @ Md. Karim
R/O Village- Pahadpur, P.S- Gopalpur, District- Gopalganj, Bihar.
3. Nurjaha Khatun @ Nurjahan Khatun @ Nurjaha W/O Mahammad Matkarim
Ansari @ Matkarim Ansari @ Md. Karim Ansari @ Md. Karim R/O
Village- Pahadpur, P.S- Gopalpur, District- Gopalganj, Bihar.
... ... Appellants
Versus
1. The State of Bihar
2. Ajay Kumar Gond S/O Rajendra Gond @ Rajindra Gond R/O Village-
Panchamwa, P.S- Gopalpur, Distt.- Gopalganj, Bihar.
... ... Respondents
======================================================
Appearance :
For the Appellants : Mr. Indrajeet Bhushan, Advocate
For the State : Ms. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the appellants and
learned Spl. P.P. for the State.
2. This appeal is preferred against the order
dated 12.02.2026 passed by the learned District & Additional
Sessions Judge, XI -cum- Special Judge, S.C./S.T. Act,
Gopalganj, in A.B.P. No.285 of 2026, in connection with
Gopalpur P.S. Case No.03 of 2025, instituted for the offence
under sections 103(1), 238(a), 61 and 3(5) of the B.N.S., 2023,
whereby the prayer of the appellants for grant of anticipatory
Patna High Court CR. APP (SJ) No.1258 of 2026(2) dt.07-07-2026
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bail has been rejected.
3. As per the prosecution case, the appellants
are suspected to have killed the brother of the informant.
4. Learned counsel for the appellants submits
that during the course of investigation, co-accused Shahana
Khatoon was apprehended by the police. In her confessional
statement, she disclosed that she was in a love affair with the
deceased and that the deceased had been blackmailing her after
allegedly recording an obscene video of her. Co-accused
Shahana Khatoon accepted his involvement in the alleged
crime.
5. It has been argued by learned counsel for the
appellants that the police has submitted the final form
exonerating the appellant but the Court below differing with the
final form has taken cognizance against the accused persons
including the present appellant.
6. Learned counsel for the State has opposed
the prayer of the appellant.
7. Considering the submission of learned
counsel for the appellants that the police after investigation has
exonerated the appellants, this appeal is allowed. Accordingly,
the impugned order dated 12.02.2026 is hereby set aside.
Patna High Court CR. APP (SJ) No.1258 of 2026(2) dt.07-07-2026
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8. Let the appellants, in the event of their arrest
or surrender within four weeks from today, be released on bail
on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned District & Additional Sessions Judge, XI-cum-
Special Judge, S.C./S.T. Act, Gopalganj / concerned Court
below, in connection with Gopalpur P.S. Case No.03 of 2025,
subject to the conditions laid down under Section 438(2) of the
Code of Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
pawan/-
U T
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