Created by Fuzzy Cloud

Patna High Court

Mumtaz Ansari @ Momtaz AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner on the condition of a Rs.10,000 bond with two sureties, subject to compliance with stipulated conditions.

Summary

Mumtaz Ansari was arrested on 13 November 2025 in connection with a murder case (Kursela P.S. Case No. 148 of 2024) where the victim Shivani Kumari was found dead. The prosecution alleged his involvement based on a confessional statement of a co-accused, while the petitioner claimed he was falsely implicated and has a clean antecedent. He highlighted that the FIR was lodged thirteen days after the body was recovered and that other co-accused had already been granted bail by the same court. The State opposed the bail, but the court noted the petitioner was not originally named in the FIR and that similar co-accused were on bail. Consequently, the court ordered bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be executed by the Chief Judicial Magistrate, Katihar.

Issues considered

  • Whether the petitioner is entitled to bail despite the FIR and charges under Sections 103(1) and 3(5) of the B.N.S.
  • Whether the delay in lodging the FIR and the reliance on a co‑accused's confession justify granting bail
  • Whether the petitioner's clean criminal antecedent and the bail granted to other co‑accused warrant bail

Legislation cited

Subjects

  • bail
  • false implication
  • murder
  • FIR
  • clean antecedent
  • co‑accused
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4717 of 2026
                      Arising Out of PS. Case No.-148 Year-2024 Thana- KURSAILA District- Katihar
                 ======================================================
                 Mumtaz Ansari @ Momtaz Ansari S/o Moin Ansari R/o vill - Dhruvganj
                 Kharik, Kharik Bazar, P.S.- Kharik, Distt.- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Anshuman Jaipuriyar, Advocate
                 For the State           :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                    Heard Mr. Anshuman Jaipuriyar, learned counsel for

                   the petitioner and Mr. Binod Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   13.11.2025, in connection with Kursela P.S. Case No. 148 of

                   2024, G.R. No. 400 of 2024, F.I.R. dated 17.08.2024 registered

                   for the offences punishable under Sections 103(1), 3(5) of the

                   B.N.S.

                                 3. The prosecution case, in brief, is that the

                   informant’s daughter, Shivani Kumari, went to a marriage event

                   on 04.08.2024 but did not return. On 06.08.2024 her mutilated

                   dead body was found behind the house of Md. Mursil.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.              He further submits that the
Patna High Court CR. MISC. No.4717 of 2026(3) dt.09-04-2026
                                            2/4




          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.

          From perusal of the F.I.R. it appears that the informant is not an

          eye witness of the alleged occurrence and initially the petitioner

          was not named in the F.I.R. and the name of the petitioner has

          been transpired on the basis of confessional statement of co-

          accused person namely Golu Ansari @ Rahul Ansari. Learned

          counsel for the petitioner further submits that initially the U.D.

          Case No. 10 of 2024 dated 10.08.2024 was registered and

          thereafter the dead body of the victim was recovered but the

          family members of the victim has not lodged any case against

          anyone and after the completion of more than 48 hours of

          recovery of dead body no F.I.R. was lodged and the present

          F.I.R. was instituted after thirteen days afterthough only to

          falsely implicate the accused persons. He further submits that

          co-accused persons, namely, Md. Mursil @ Md. Mansur and

          Golu Ansari @ Rahul Ansari have been granted bail by a

          Coordinate Bench of this Court vide order dated 18.07.2025

          passed in Cr. Misc. No. 32494 of 2025, another co-accused

          person, namely, Chhagali Khatoon has been granted bail by a

          Coordinate Bench of this Court vide order dated 13.11.2025

          passed in Cr. Misc. No. 76784 of 2025, another co-accused
Patna High Court CR. MISC. No.4717 of 2026(3) dt.09-04-2026
                                            3/4




          person, namely, Md. Hasib Ansari @ Hasib Ansari has been

          granted bail by a Coordinate Bench of this Court vide order

          dated 12.12.2025 passed in Cr. Misc. No. 62464 of 2025,

          respectively.          He further submits that the police after

          investigation submitted chargesheet against the petitioner and

          the petitioner is in custody since 13.11.2025.

                        5. The learned Additional Public Prosecutor for the

          State has 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

          initially the petitioner was not named in the F.I.R. and similarly

          situated co-accused persons have been granted bail by a

          different Coordinate Benches of this Court, 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   Chief Judicial

          Magistrate, Katihar in connection with KUrsela P.S. Case No.

          148 of 2024, subject to the following conditions :-

                        (1) 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
               Patna High Court CR. MISC. No.4717 of 2026(3) dt.09-04-2026
                                                           4/4




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.