Patna High Court
Sabir AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 351(3).3(5), 352, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
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.
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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.
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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
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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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