Patna High Court

JAMIL ANSARIversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was not granted to the petitioner at this stage of the proceedings.

Summary

The petitioner, Jamil Ansari, was arrested on 17 September 2025 and charged under Sections 137(2), 140(3) and 87 of the Bharatiya Nyaya Sanhita, 2023 for allegedly kidnapping the mother of an informant. The petitioner contended that he has no prior criminal record, the FIR was lodged two days after the alleged incident, and that the victim voluntarily left her house and entered a consensual relationship with him, as reflected in her statement recorded under Section 183. The State opposed bail, noting that the charge sheet filed after investigation includes offences under Sections 69 and 87 of the BNSS, which are serious in nature. The Court, after considering the seriousness of the charges and the stage of the investigation, declined to grant bail at this juncture. It directed the trial court to expedite the trial without undue adjournments. The petitioner was permitted to file a fresh bail application if the trial is not concluded within five months of receipt of this order.

Issues considered

Whether bail should be granted to the petitioner pending trial for offences under Sections 137(2), 140(3), 69 and 87 of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 183, 69, 87

Subjects

bail
kidnapping
false implication
charge sheet
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.80483 of 2025
                    Arising Out of PS. Case No.-64 Year-2025 Thana- GALGALIYA District- Kishanganj
                 ======================================================
                 Jamil Ansari S/o- Bauka Ansari @ Isak Ansari R/v- Balubari Ps- Galgalia
                 Dist- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State. Perused the case diary.

                           2.      The petitioner seeks bail in connection with

                   Galgalia P.S. Case No. 64 of 2025 instituted for the offence

                   under Sections 137(2), 140(3) & 87 of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3.      Prosecution case, in a nutshell, is that petitioner

                   allegedly kidnapped the mother of the informant.

                           4.      It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 17.09.2025. Petitioner

                   bears no criminal antecedents, as per disclosure made in

                   paragraph No. 3 of the bail application.

                           5.      It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.80483 of 2025(3) dt.11-02-2026
                                            2/3




          counsel that petitioner has been falsely implicated in the present

          case. There is delay of two days in lodging the FIR. Learned

          counsel for the petitioner submits that petitioner never

          kidnapped the informant’s mother rather she left her house and

          went with the petitioner at her own sweet will. It is next

          submitted that victim is major and she willingly made

          consensual relationship with the petitioner, which is evident

          from bare perusal of the statement of the victim recorded under

          Section 183 of the BNSS, 2023.

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

          opposed the prayer for grant of bail to the petitioner. It is

          submitted that police after completion of investigation has

          submitted charge sheet in this case under Sections 69 & 87 of

          the Bharatiya Nyaya Sanhita, 2023.

                 7.       Considering the aforesaid facts and circumstances

          of the case and taking into account the fact that charge sheet in

          this case is submitted under Sections 69 & 87 of the Bharatiya

          Nyaya Sanhita, 2023, this Court is not inclined to grant bail to

          the petitioner at this stage. Prayer for bail is hereby rejected.

                 8.       The Trial Court is directed to expedite the trial as

          expeditiously as possible without any undue delay and

          unnecessary adjournments.
           Patna High Court CR. MISC. No.80483 of 2025(3) dt.11-02-2026
                                                       3/3




                            9.       However, petitioner will be at liberty to renew his

                     prayer for bail in the Court below, if the trial is not concluded

                     within      a   period     of    five    months      from   the   date   of

                     receipt/production of a copy of this order.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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