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Patna High Court

Mosim Ansari @ Mosin AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing regular bail to the petitioner.

Summary

Mosim Ansari applied for regular bail in a case registered under Sections 103(1) and 238 of the BNS, relating to an alleged crime committed with the wife of the deceased due to an illicit relationship. The FIR was initially filed against an unknown person, but during investigation the petitioner gave a self‑inculpatory statement and was arrested on 11 May 2025. The prosecution highlighted the seriousness of the offences. The High Court, after hearing the parties, considered the gravity of the alleged offences and was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether regular bail should be granted to the petitioner under Sections 103(1) and 238 of the BNS considering the gravity of the alleged offences

Legislation cited

  • BNS — s. 103(1), 238

Subjects

  • regular bail
  • gravity of offence
  • self‑inculpatory statement
  • illicit relationship
  • Sections 103(1) BNS
  • Section 238 BNS

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2930 of 2026
                    Arising Out of PS. Case No.-142 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
                  ======================================================
                  Mosim Ansari @ Mosin Ansari S/O Late Nesar Ansari R/O Village- Barri
                  Nawatoli, P.S- Puso, Distt.- Gumala (Jharkhand).
                                                                          ... ... Petitioner/s
                                                     Versus
                  The State of Bihar Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Rajani Kant Pandey
                  For the Opposite Party/s :       Mr.Ram Anurag Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    25-03-2026                    Heard the parties.

                                 2. The petitioner seeks regular bail in connection with

                    Sessions Trial No. 334 of 2025 arising out of Kudra P.S. Case

                    No. 142 of 2025 registered for the offence under Sections

                    103(1) / 238 of the BNS.

                                 3. As per the prosecution case, the FIR was registered

                    against unknown. Subsequently, during investigation, the

                    petitioner was arrested and he has given his self-inculpatory

                    statement that he and the wife of the deceased have committed

                    the crime because they were having an illicit relationship.

                                 4. The petitioner is in custody since 11.05.2025.

                                 5. Considering the gravity of the offence, this Court is

                    not inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.


                                                          (Sandeep Kumar, J)
Vikas/-
U


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