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Patna High Court

KITABUDDIN ANSARIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted in view of the serious nature of the offence and the prima facie evidence against the petitioner.

Summary

Kitabuddin Ansari was arrested for allegedly assaulting and causing the death of his parents while intoxicated, under Sections 103(1) and 109 of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail after being in custody since 21‑04‑2025. The court examined the seriousness of the allegations, the existence of prima facie material linking him to the crime, and the gravity of the offences. Considering these factors, the court found the case to be of a serious nature and was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court emphasizing that its observations were limited to the bail application and would not affect the trial.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving alleged murder of his parents under Sections 103(1) and 109 of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • bail application
  • murder
  • Bharatiya Nyaya Sanhita
  • prima facie evidence
  • serious offence
  • intoxication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25083 of 2026
                        Arising Out of PS. Case No.-106 Year-2025 Thana- AANDAR District- Siwan
                 ======================================================
                 Kitabuddin Ansari S/O Late Hadish Ansari R/O Vill - Bhawrajpur, P.S- Andar,
                 Distt.- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aditya Kumar Pandey
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Andar P.S. Case No. 106 of 2025 registered for the offence

                   under Sections 103(1) and 109 of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The petitioner, in a drunken condition, is alleged to

                   have assaulted and caused the death of his father and mother.

                   The petitioner is in custody since 21.04.2025.

                                5. The allegations against the petitioner are serious

                   and grave in nature. There exists prima facie material against

                   the petitioner indicating his involvement in the commission of

                   the offence.

                                6. Having considered the nature and gravity of the
            Patna High Court CR. MISC. No.25083 of 2026(2) dt.16-04-2026
                                                        2/2




                      allegations, the materials available on record, and the

                      circumstances of the case, this Court is not inclined to grant

                      regular bail to the petitioner.

                                   7. Accordingly, this application for regular bail stands

                      rejected.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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