Created by Fuzzy Cloud

Patna High Court

Mahammad Matkarim Ansari @ Matkarim Ansari @ Md. Karim Ansari @ Md. KarimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/3




          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
                                                           3/3




                                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.