Patna High Court

Iftekhar AnsariversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that the petitioner is entitled to anticipatory bail, subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Iftekhar Ansari, applied for anticipatory bail fearing arrest in a murder case (Gurua P.S. Case No. 42 of 2025) filed under Section 108 of the BNS. The prosecution alleges that a viral social‑media video shows the deceased blaming his brothers, including the petitioner, for his death by poison. The petitioner contends he resides in Delhi, has no involvement, and that the death resulted from mental stress caused by his wife, not any act of his. He argues the accusation is vague, he has no criminal record, and he will cooperate with the investigation. The State opposed the bail. Considering the circumstances, the court ordered that if the petitioner is arrested or surrenders within six weeks, he may be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail is appropriate in a case instituted under Section 108 of the BNS.
Whether the allegations against the petitioner constitute sufficient ground to deny bail.
Whether the petitioner is likely to flee, tamper with evidence, or otherwise obstruct justice.

Legislation cited

BNS — s. 108
BNSS — s. 482(2)

Subjects

anticipatory bail
Section 108
Section 482(2)
criminal procedure
false implication
social media evidence
murder
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81212 of 2025
                          Arising Out of PS. Case No.-42 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Iftekhar Ansari S/O Late Jalalluddin Ansari R/O Village- Dumri, P.S- Gurua,
                 Distt.- Gaya.                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Murad Ashraf, Advocate
                 For the State            :        Mr. Madhura Nand Jha, APP
                                          :        Mr. Shadab Akhtar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   08-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Gurua P.S. Case No. 42 of 2025 instituted under Section

                   108 of the BNS.

                                 3. As per the prosecution case, in social media a video

                   is made viral in which deceased, who allegedly died by taking

                   poison, made responsible his brothers (petitioner and co-accused

                   Anwar Ansari) for his death.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that the petitioner resides in Delhi for

                   his livelihood and he has no concern with the alleged occurrence

                   or day to day affairs of the deceased. He submits that the death

                   of the deceased is caused due to mental stress and agony created
           Patna High Court CR. MISC. No.81212 of 2025(2) dt.08-01-2026
                                                       2/2




                     by his own wife who after getting divorce left the house

                     alongwith children to her maika. He further submits that the

                     deceased was handicap and his elder brother Anwar Ansari has

                     taken the responsibility to look after him. He submits that the

                     allegation against the petitioner is general and omnibus in

                     nature. He further submits that petitioner has no criminal

                     antecedent and he undertakes to cooperate in the investigation

                     and trial.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                                  6. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, in the event

                     of arrest or surrender before the Court below within six weeks

                     from today, the petitioner be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount to each to the satisfaction of the

                     learned Judicial Magistrate 1st , Sherghati, Gaya in connection

                     with Gurua P.S. Case No. 42 of 2025, subject to the conditions

                     laid down in Section 482(2) of the BNSS.



                                             (Sunil Dutta Mishra, J)
AjayMishra/-

U      T

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