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Patna High Court

Sabir AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail subject to the stipulated conditions.

Summary

Sabir Ansari was arrested on 29 July 2025 in connection with a case alleging assault, robbery and offences under the Bharatiya Nyay Sanhita, 2023 and the POCSO Act. The informant claimed the petitioner attacked her and stole a gold chain, while the petitioner asserted a clean criminal record and argued that the medical report did not corroborate the alleged knife injury. The prosecution opposed bail, citing the seriousness of the charges. The court examined the antecedent, the medical evidence and the lack of supporting proof, and concluded that bail could be granted. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under multiple sections of the Bharatiya Nyay Sanhita and the POCSO Act
  • Whether the medical report undermines the prosecution's allegation of a knife injury
  • Whether the petitioner's clean antecedent warrants bail

Legislation cited

Subjects

  • bail
  • assault
  • robbery
  • Bharatiya Nyay Sanhita
  • POCSO Act
  • medical evidence
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75885 of 2025
                    Arising Out of PS. Case No.-201 Year-2025 Thana- SATHI District- West Champaran
                 ======================================================
                 Sabir Ansari S/O Jamir Ansari Resident of village- Sathi, Birati Tola, Ward
                 No. 12, P.S.- Sathi, Dist.- West Champaran


                                                                                   ... ... Petitioner/s
                                                       Versus


           1.    The State of Bihar
           2.    The Victim/Informant D/O Samim Ansari Resident of village- Sathi Birati
                 Tola, Ward No. 12, P.S.- Sathi, Dist.- West Champaran


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 For the Informant        :       Mr. Sanjeev Kumar, Advocate
                                          :       Mr. Sitesh Kashyap, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   21-01-2026                      Heard Mr. Sharad Kumar Verma, learned counsel

                   for the petitioner, Mr. Sanjeev Kumar, learned counsel for the

                   Informant as well as Mr. Ram Priya Sharan Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.07.2025 in connection with Sathi P.S. Case No. 201 of 2025,

                   F.I.R. dated 24.07.2025 for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 76, 109(1), 303(2), 352,

                   351(3).3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 8

                   of the POCSO Act.
Patna High Court CR. MISC. No.75885 of 2025(3) dt.21-01-2026
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                      3.    According to prosecution case, the informant

          alleged that on 22.07.2025 when she she went to attend nature’s

          call, then the petitioner caught hold of her and treated her with

          insolence, then she came and narrated the entire incident to her

          mother, thereafter informant’s mother went to the house of the

          petitioner to tell about the incident to his father, then the

          petitioner along with other co-accused persons assaulted her

          with fists and kicks. When the informant went to save her

          mother, the accused persons assaulted her also and snatched

          gold chain of Rs.30,000/- from her neck.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. There is case and counter case

          between the parties and both the parties are agnates to each

          other. Although there is specific allegation against the petitioner

          that he has assaulted the informant by means of knife and the

          informant received injury but the injury report of the informant

          suggest that injury inflicted upon her is simple in nature caused

          by hard and blunt substance which suggest that medical report

          does not support the allegation in the FIR. He further submits

          that the police after investigation submitted the charge sheet and

          the petitioner is in custody since 29.07.2025.
Patna High Court CR. MISC. No.75885 of 2025(3) dt.21-01-2026
                                            3/4




                      5. The learned Additional Public Prosecutor as well as

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and medical report does not

          support the allegation in the FIR, 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 the learned Additional Sessions

          Judge-VII-cum-Special judge, POCSO Act, West Champaran,

          Bettiah in connection with Sathi P.S. Case No. 201 of 2025,

          subject to 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 absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       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
            Patna High Court CR. MISC. No.75885 of 2025(3) dt.21-01-2026
                                                        4/4




                      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)
Suruchi/-

U      T


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