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Patna High Court

Shamsher Alam AnsariversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner at this stage.

Summary

The petitioner, Shamsher Alam Ansari, sought bail in a rape and robbery case registered under Sections 64 and 70(1) of the Bharatiya Nyaya Sanhita, 2023. The FIR named four unknown persons, but the victim’s statement before the magistrate implicated the petitioner and six others, creating a discrepancy with the police report. The petitioner argued that he was falsely implicated, had clean antecedents, and was on inimical terms with the victim, while the prosecution highlighted a direct allegation and a confessional statement by the petitioner. Justice Khatim Reza considered the seriousness of the charges and the existence of a confessional statement, concluding that bail could not be granted at this stage. The bail application was dismissed, with the trial court directed to expedite the trial within nine months and the petitioner allowed to renew the bail plea thereafter.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged rape and robbery under Sections 64 and 70(1) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the discrepancy between the FIR and the victim’s statements affects the bail decision.
  • Whether the petitioner’s confessional statement and alleged false implication warrant denial of bail.

Legislation cited

Subjects

  • bail
  • rape
  • robbery
  • FIR discrepancy
  • confessional statement
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19520 of 2026
                    Arising Out of PS. Case No.-541 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
                 Shamsher Alam Ansari, male, aged about 32 years, son of Kalam Ansari,
                 resident of Village- Dhaka Ramchandra, P.S- Dhaka, Dist- East Champaran.
                                                                           ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Zaki Haider, Advocate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Dhaka

                   PS Case No.541 of 2025 dated 28.09.2025, instituted for the

                   offence punishable under Sections 64, 70(1) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that on the alleged

                   date of occurrence when the informant was returning from

                   Dhaka market after getting her niece treated at the clinic of Dr.

                   L. B. Prasad, she was forcefully taken away by the four accused

                   persons to a place near the Chimney on Punchpakri Road, where

                   they committed rape upon her and looted away Rs.20,000/- as

                   well as mobile phone.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.19520 of 2026(3) dt.13-05-2026
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          petitioner is not named in the FIR. FIR has been registered

          against four unknown persons. It is further submitted that in the

          FIR nothing has been attributed against the petitioner, who is a

          driver of auto rickshaw, however, in the statement of the victim

          recorded under Section 183 of the Bharatiya Nagrik Suraksha

          Sanhita, 2023, allegation has been levelled against the petitioner

          and six others i.e., total against seven accused person of having

          committed rape upon her, thus, completely deviating from the

          earlier version as alleged in the FIR. Further submission is that

          there is difference in the statement of the victim recorded under

          Section 180(3) Bharatiya Nagrik Suraksha Sanhita, 2023,

          before the Police as well as under Section 183 of the Bharatiya

          Nagrik Suraksha Sanhita, 2023, recorded before the Magistrate.

          It is further submitted that petitioner was on inimical terms with

          the victim and that is why the petitioner has been falsely

          implicated in this case. Lastly, it is submitted that the petitioner

          is in custody since 30.09.2025 having clean antecedents.

                       5. Learned APP has opposed the prayer for bail.

          Learned APP submits that there is direct allegation against the

          petitioner as well as the petitioner has also given his

          confessional statement before the police.

                       6. Having regard to the nature of allegation levelled
            Patna High Court CR. MISC. No.19520 of 2026(3) dt.13-05-2026
                                                        3/3




                      against the petitioner, I am not inclined to grant bail to the

                      petitioner at this stage.

                                   7. Accordingly, prayer of the petitioner for bail is

                      rejected at this stage.

                                   8. The Trial Court is directed to expedite the trial and

                      take all endeavour to conclude the trial as early as possible,

                      preferably, within a period of nine months from the date of

                      receipt/production of a copy of this order.

                                   9. Liberty is granted to the petitioner to renew his

                      prayer for bail after nine months if the trial is not concluded by

                      that time.

                                   10. The application stands dismissed.


                                                                   (Khatim Reza, J)
J. Alam/-

U      T


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