Patna High Court
GULAM ANSARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing his release on a bond with conditions of personal appearance and cooperation.
Summary
The petitioner, Gulam Ansari, was arrested in March 2023 in connection with a murder case (Sections 302, 304B and 34 IPC) alleging that he, along with others, tortured and allegedly raped the informant’s daughter leading to her death. He contends that he is the devar of the deceased, has been falsely implicated, and that the case is essentially a suicide with no eye‑witnesses and only vague, omnibus allegations. His earlier bail application was rejected in September 2024, and he has remained in custody for three years. The State opposed bail, but the trial court report showed that out of nine charge‑sheeted witnesses, seven had been examined and the charge was framed only under Sections 302 and 34 IPC. Considering the prolonged detention, the general nature of the allegations, and the petitioner’s willingness to cooperate, the High Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of personal appearance and cooperation. The bail may be cancelled if the petitioner absents himself without satisfactory reason or delays the trial.
Issues considered
- Whether regular bail should be granted to the accused in a murder and dowry‑death case after three years of custody despite the seriousness of the charges.
- Whether the allegations against the petitioner are sufficiently specific and supported by evidence to justify continued detention.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 436
- Indian Penal Code — s. 302, 304B, 34
Subjects
- bail
- murder
- dowry death
- IPC
- false implication
- prolonged custody
- trial conditions
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20852 of 2026
Arising Out of PS. Case No.-55 Year-2023 Thana- SONO District- Jamui
======================================================
GULAM ANSARI S/o MUMTAZ ANSARI @ MUNTAZ ANSARI R/o vill -
Bheluwa, P.S.- Sono (Charkapathar), Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 24-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Sessions Trial no.432 of 2023,
arising out of Sono (Charkapathar) P.S. Case no.55 of 2023
registered under sections 302, 304B and 34 of the Indian Penal
Code.
3. As per the prosecution case, the accused persons
were torturing the informant’s daughter for non-fulfillment of
the demand of dowry. It is further stated that this petitioner also
committed rape on the informant’s daughter for which meeting
had taken place in the village. The informant received
information about his daughter having been strangulated to
death.
4. Learned counsel for the petitioner submits that t he
earlier application for bail of the petitioner was rejected vide order
Patna High Court CR. MISC. No.20852 of 2026(3) dt.24-04-2026
2/3
dated 20.9.2024 passed in Cr. Misc. no.25637 of 2024. Learned
counsel submits that the petitioner who happens to be the devar of
the deceased has been falsely implicated in the case. This is a
case of suicide. There are no eye witness to the occurrence and
the allegations are general and omnibus in nature. It is further
submitted that charge has been framed only under sections
302/34 of the I.P.C. The petitioner is in custody since 5.3.2023.
The allegation against the petitioner who happens to be devar is
similar to that of father-in-law who has already been enlarged on
bail. The petitioner undertakes to cooperate in the trial and to
abide by all conditions which may be laid by this Court for his
release on bail.
5. The prayer for bail is opposed by learned A.P.P for
the State.
6. A report was called for from the learned trial Court.
As per the report received contained in letter dated 7.4.2026 of
the District & Additional Sessions Judge-V, Jamui, charge was
framed on 6.7.2023 under sections 302/34 of the Indian Penal
Code and out of nine chargesheeted witnesses, seven witnesses
have been examined.
7. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R, the petitioner having remained in custody for 3 years
Patna High Court CR. MISC. No.20852 of 2026(3) dt.24-04-2026
3/3
since 5.3.2023, the allegations being general and omnibus
against the petitioner who happens to be the devar of the
deceased, the petitioner is directed to be enlarged on bail in
connection with Sessions Trial no.432 of 2023, arising out of
Sono (Charkapathar) P.S. Case no.55 of 2023 on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned District
& Additional Sessions Judge-V, Jamui on the following
conditions:
(I) The petitioner shall remain physically present in
the learned trial Court on each date of the trial and shall
cooperate in the trial.
(II) In case the petitioner remains absent on any
single date for reasons not to the satisfaction of the learned
trial Court or the learned trial Court is of the opinion that the
trial is being delayed due to non-cooperation on part of the
petitioner, the learned trial Court may cancel bail bond of the
petitioner and take him into custody till conclusion of the
trial.
(Partha Sarthy, J)
Shiv/-
U T
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