Patna High Court
Afjal Ansari @ Afjal @ Md. AfzalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and regular appearance.
Summary
The petitioner, Afjal Ansari, applied for regular bail in a case registered under Sections 137(2) and 96 of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act, alleging that he was falsely implicated in the kidnapping of a minor for marriage. The victim’s statement was recorded under Section 183 of the BNSS, but the court noted that the victim failed to appear despite summons and no witnesses had been examined. The petitioner claimed a clean antecedent and that the allegations were fabricated. Considering the lack of substantive evidence and the victim’s non‑appearance, the court directed that bail be granted on a bond of Rs.10,000 with two sureties of the same amount, subject to conditions of cooperation and regular appearance. The order also warned that failure to appear on two consecutive dates could lead to cancellation of the bail.
Issues considered
- Whether regular bail should be granted in a case involving alleged kidnapping of a minor under the POCSO Act and offences under the Bihar Narcotic Substances Act.
- Whether the non‑appearance of the victim and the absence of witness testimony justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 183, 64, 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- regular bail
- POCSO Act
- kidnapping of minor
- child marriage
- Bihar Narcotic Substances Act
- non‑appearance of victim
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58811 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Afjal Ansari @ Afjal @ Md. Afzal S/O Sarfaraj Ansari @ Md. Sartaj R/o
Village- Sherpur, Shergardh P.S.- Muffasil, District- Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Shakila W/O Punnu Ansari R/O Vill.- Karimchak, Imali Muhalla, PS-Town,
Dist.- Saran.
... ... Opposite Party/s
=====================================================
Appearance :
For the Petitioner/s : Mr. Aashish Kumar
Mr.Avinash Kumar Pandey
Ms. Apurva Mishra
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-01-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in
connection with Chapra Muffasil P.S. Case No. 110 of 2025,
registered for the offences punishable under Sections 137(2),
96 of the BNS and Sections 137(2), 96, 64 of the BNS and
Sections 4/6 of the POCSO Act.
3. As per allegation, the petitioner and other accused
persons kidnapped the minor daughter of the informant for the
purpose of marriage.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated in this case. The victim rendered her statement
recorded under Section 183 of the BNSS under pressure from
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her parents. The petitioner is a person of clean antecedent and
has been in custody since 27.02.2025.
5. A report regarding the stage of the trial was called
for, which is available on the record. The report shows that the
victim did not appear before the Court despite summons
having been issued and that a letter was also issued to the S.P.,
Saran, to produce the witnesses before the Court. From
perusal of the report, it appears that not a single witness has
been examined during the trial.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall
release the petitioner on bail on furnishing bail bonds of
Rs.10,000/- with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Additional Sessions
Judge (POCSO), Saran at Chapra in connection with Chapra
Muffasil P.S. Case No. 110 of 2025, subject to the following
conditions that the petitioner shall cooperate in the
disposal of trial and make himself available as and when
required by the court.
7. The petitioner will appear on each and every
date fixed by the court and if he fails to do so on two
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consecutive dates, unless he is prevented by extremely
adverse circumstances, the learned court below will be at
liberty to cancel the bail bond of the petitioner.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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