Patna High Court
Sagir AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The petition for anticipatory bail is allowed, subject to the stipulated conditions.
Summary
Petitioner Sagir Ansari, the brother‑in‑law of a deceased woman, feared arrest in a murder case (Jagdishpur P.S. Case No. 192 of 2025) where seven accused were alleged to have killed the informant's daughter under Sections 80/3(5) of the B.N.S. He argued that no specific allegation linked him to the crime, he lived separately, and he has a clean antecedent. The State opposed his anticipatory bail. The High Court, after considering the submissions and the circumstances, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and several conditions, invoking Section 438(2) of the CrPC and Section 482(2) of the B.N.S. The order emphasized that the bail conditions could be cancelled for non‑compliance or future involvement in similar offences, and that the observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC.
- Whether the petitioner is likely to be involved in the alleged murder offence.
- Whether the conditions imposed are appropriate and lawful under the relevant statutes.
Legislation cited
- B.N.S.S. — s. 482(2), 80/3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 High Court
- murder case
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10137 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Sagir Ansari S/o Ajij Ansari R/o Village - Jhakhara, P.S - Jagdishpur, District -
West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Jagdishpur P.S. Case No. 192 of 2025 registered for the offences
under Sections 80/3(5) of the B.N.S.
3. The prosecution case is to the effect that all the seven
named accused persons in connivance had killed the daughter of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner happens to be the brother-in-law (bhaisur) of the deceased.
He further submits that there is no specific allegation against any of
the accused persons and in fact, the petitioner used to live separately
from his brother and the deceased and he had no concern with their
personal matrimonial life. It has next been submitted that the
petitioner was living separately in mess also and therefore, he has
Patna High Court CR. MISC. No.10137 of 2026(2) dt.25-02-2026
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only been implicated because he happens to be the elder brother of
the husband of the deceased. It is lastly been submitted that the
petitioner carries clean antecedent.
5. Learned APP for the State has vehemently opposed the
prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be released
on anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of four weeks from today, on
furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties
of the like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Jagdishpur P.S. Case No. 192 of 2025 subject to the conditions as
laid down under Section 438(2) of the Code of Criminal Procedure
read with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
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(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
8. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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