Patna High Court
Azad ansari @ Azad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
- D.P. Act — s. 3
- Indian Penal Code — s. 34, 354C, 354D, 376, 385, 498A
- Information Technology Act — s. 67, 67A
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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