Patna High Court
Md. Afroz AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Afroz Ansari, was arrested on 3 February 2026 in connection with a kidnapping case alleged under Sections 137(2), 140(3), 3(5) and later 96 of the B.N.S. The allegation was that he abducted the informant's daughter for marriage. The petitioner claimed a clean antecedent and that the case was fabricated; the victim later married another person and, in a statement recorded under Section 183 of the B.N.S.S., did not support the prosecution. The informant and the State opposed bail. Considering the victim's non‑cooperation, the petitioner's clean record, and the circumstances, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the kidnapping offences.
- Whether the victim's statement under Section 183 and the petitioner's clean antecedent justify bail.
Legislation cited
Subjects
- bail
- kidnapping
- false accusation
- clean antecedent
- victim statement
- Section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27967 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- BAUNSI District- Araria
======================================================
Md. Afroz Ansari Son of Babul Ansari @ Alamgir Ansari @ Alamgeer
Resident of Village- Basathi, Ward No. 07, P.S.- Bonsi, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Informant : Mr. Naushad Uzzoha, Advocate
For the State : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Mukesh Kumar Rana, learned counsel for
the petitioner, Mr. Naushad Uzzoha, learned counsel for the
Informant and Mr. Parmanand Kumar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
03.02.2026, in connection with Bonsi P.S. Case No. 14 of 2026,
F.I.R. dated 27.01.2026 registered for the offences punishable
under Sections 137(2), 140(3), 3(5) of the B.N.S. and later on
Section 96 of the B.N.S. was added.
3. Allegation against the petitioner is that he along
with other co-accused persons have kidnapped the daughter of
the informant for the purpose of marriage.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.27967 of 2026(2) dt.27-04-2026
2/3
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
In fact, the victim girl was married with another person and the
victim girl was appeared before the learned Court below and
the statement of victim which was recorded under Section 183
of the B.N.S.S. in which she has not supported the case of the
prosecution. The petitioner is in custody since 03.02.2026.
5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State, on the other
hand, vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
victim has not supported the case of the prosecution in her
statement recorded under Section 183 of the B.N.S.S. , let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Araria in connection with Bonsi P.S. Case
No. 14 of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.27967 of 2026(2) dt.27-04-2026
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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