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Patna High Court

Azad ansari @ Azad AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond, two sureties and conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Azad Ansari, sought anticipatory bail fearing arrest in a case involving offences under Sections 498(A), 385, 376, 354(C), 354(D), 34 of the IPC, Section 3 of the D.P. Act and Sections 67 and 67(A) of the IT Act. He claimed the underlying dispute was matrimonial, now resolved amicably, and he lives with his wife (OP No.2) and child. The informant’s counsel instructed that they would not oppose the bail application. The Court considered the nature of the alleged offences, the matrimonial settlement, and the informant’s stance, and exercised its discretion under Section 482(2) of the BNSS. It ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.2,000 with two sureties of the same amount, subject to the conditions prescribed by law.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged offences and the matrimonial context
  • Whether the informant’s instruction not to oppose the bail application influences the court’s discretion
  • Whether the conditions under Section 482(2) of the BNSS are applicable to grant anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • matrimonial dispute
  • IPC offences
  • cyber crime
  • Section 482
  • BNSS
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10221 of 2026
                   Arising Out of PS. Case No.-16 Year-2023 Thana- Cyber P.S. District- West Champaran
                 ======================================================
                 Azad Ansari @ Azad Ali Son of Alam Ansari R/o Village - Paras Nagar, P.S. -
                 Bagaha, District - West Champaran.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X D/o Y R/o Village - Sukhwan, P.S. - Bagaha, Dist. - West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bimlesh Kumar Pandey, Adv
                 For the Opposite Party/s :        Mr.Shailendra Kumar, APP
                                                   Mr. Mithilesh Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026               1.    Heard learned counsel for the petitioner, Sri

                   Bimeslh Kumar Pandey; learned A.P.P. for the State and learned

                   counsel appearing on behalf of the informant.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 498(A),

                   385, 376, 354(C), 354(D) and 34 of the Indian Penal Code &

                   Sections ¾ of the D.P. Act and Sections 67 and 67(A) of the I.T.

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   dispute is matrimonial and petitioner is the husband, but then

                   the dispute has been resolved amicably and the petitioner and

                   the OP No. 2 are living happy conjugal life with a child.
              Patna High Court CR. MISC. No.10221 of 2026(2) dt.24-04-2026
                                                          2/2




                                 4.     Learned counsel appearing on behalf of the

                        informant submits that he has instruction not to oppose the

                        anticipatory bail application.

                                 5.     After hearing the learned counsel for the parties,

                        the petitioner above-named, in the event of his arrest or

                        surrender within a period of six weeks from today, be released

                        on anticipatory bail on furnishing bail bonds of Rs. 2,000/-

                        (Rupees Two Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned trial court where the case

                        is pending/successor court in connection with Bagaha Cyber P.S. Case

                        No.16/2023 subject to the conditions as laid down under Section

                        482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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