Patna High Court
Afroz AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on furnishing a bond of Rs.10,000 with two sureties and imposed specific conditions.
Summary
Afroz Ansari was arrested in connection with a dowry death case under Sections 80(2) and 3(5) of the BNS, 2023. He applied for bail, claiming he was abroad at the time of the incident and has a clean criminal record. The State opposed the bail, arguing the seriousness of the charges. The court examined the petitioner's antecedents, the alleged alibi, and the nature of the offences, and concluded that bail could be granted with conditions. Accordingly, the court ordered his release on a bail bond of Rs.10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 80(2) and 3(5) of BNS, 2023
- Whether the petitioner's clean antecedent and alleged alibi justify granting bail
- Whether the court may impose conditions on bail in such a case
Legislation cited
- BNS, 2023 — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- clean antecedent
- alibi
- Section 80(2)
- Section 3(5)
- BNS 2023
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3859 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- Naya Bhojpur District- Buxar
======================================================
Afroz Ansari S/o Kalamuddin Ansari Resident of Village- Chilahari, P.S.-
Naya Bhojpur, District- Buxar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Azim Uddin, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr.Md Azim Uddin, learned counsel for the
petitioner and Mr.Dilip Kumar No. 1, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
23.08.2025 in connection with Naya Bhojpur P.S. Case No. 60
of 2025, F.I.R. dated 29.05.2025 registered for the offence
punishable under Sections 80(2) and 3(5) of BNS,2023.
3. Allegation against the petitioner is that he
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the sister of
the informant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.3859 of 2026(2) dt.27-01-2026
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has not committed any offence as alleged in the FIR. It appears
from the FIR that the petiitoner has informed the informant from
Dubai about the present occurrence which suggests that on the
date of occurrence the petitioner was not present in India or the
place of occurrence and he has been made accused in the
present case merely on the ground that he is husband of the
deceased. The police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
23.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned C.J.M., Buxar in connection with Naya Bhojpur P.S.
Case No. 60 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.3859 of 2026(2) dt.27-01-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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 antecedent, 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)
Nitesh/-
U T
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