Patna High Court

Azad Ansari @ Azad HussainversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

Azad Ansari was arrested in connection with a kidnapping and theft case (Sections 366A, 380, 454 IPC) after a victim alleged that the accused abducted her 15‑year‑old daughter and stole valuables. The victim’s statement under Section 183 of the Bihar Non‑Compulsory Statement (BNSS) indicated she left her house voluntarily and made no accusation against the petitioner. The petitioner’s counsel argued that there was no material linking him to the crime and highlighted his custody since 11‑06‑2024 and a single prior conviction. The State opposed bail. Considering the lack of incriminating evidence in the victim’s statement and the period of custody, the Court granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding appearance and family surety.

Issues considered

Whether bail should be granted to the accused in a kidnapping and theft case where the victim’s statement does not implicate the accused.

Legislation cited

Indian Penal Code — s. 366A, 380, 454

Subjects

bail
kidnapping
theft
Indian Penal Code
Section 183 BNSS
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72565 of 2025
                       Arising Out of PS. Case No.-133 Year-2024 Thana- BANIAPUR District- Saran
                 ======================================================
                 Azad Ansari @ Azad Hussain S/O Jamaluddin @ Jamalu Dina Resident of
                 village- Sareya, P.S.- Baniyapur, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Abhigyan, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Sessions Trial No. 943 of 2024, Baniyapur P.S. Case No. 133 of

                   2024 instituted for the offences under Sections 366A, 380, 454

                   of the Indian Penal Code.

                               3. Prosecution case, in short, is that the informant

                   alleges that while she was away early morning, the accused

                   came in a Bolero vehicle, kidnapped her 15-year-old daughter

                   Anjali Kumari, and fled away despite her screams. It is further

                   alleged that during the incident, two boxes containing cash,

                   clothes, and ornaments were stolen.

                               4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.72565 of 2025(3) dt.13-01-2026
                                            2/3




          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner submitted that victim in her

          Statement recorded under Section 183 of the BNSS has

          specifically stated that she left her house on her own sweet will

          and this petitioner never gave any compulsion or threat to her.

          He further submitted that nothing has been whispered against

          the petitioner in Section 183 BNSS statement of the victim. It

          has been submitted on behalf of the petitioner that the petitioner

          is in custody since 11.06.2024 and has one criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, there being no material against the petitioner in

          Section 183 BNSS statement of the victim as also the period of

          custody undergone by the petitioner, this Court is inclined to

          grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sessions Trial No.

          943 of 2024, Baniyapur P.S. Case No. 133 of 2024, subject to

          the following conditions:
           Patna High Court CR. MISC. No.72565 of 2025(3) dt.13-01-2026
                                                       3/3




                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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