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Patna High Court

Md. Afroz AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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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