Patna High Court
Reyajul Ansari @ Reyazul Ansari @ Reyazut Mian @ Reyajul MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a bond of Rs.10,000 and two sureties, under the conditions of section 482(2) of the BNSS.
Summary
The petitioners, who are relatives of the accused Shamsad Ansari, sought bail after being implicated in a case under sections 108 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and section 67 of the Information Technology (Amendment) Act, 2000. The prosecution alleged that Shamsad Ansari, while residing in Delhi, had a relationship with the informant's daughter, threatened her, and leaked private photos, leading to the daughter's suicide. The petitioners argued that the specific allegation of sexual assault pertained only to Shamsad Ansari and that they had no involvement, citing clean antecedents. The State opposed bail, but the court noted the lack of direct accusation against the petitioners and the material on record. Consequently, the court ordered bail for each petitioner upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS. The bail order was conditioned on surrender within eight weeks and compliance with the stipulated surety requirements.
Issues considered
- Whether the petitioners, who are family members of the co-accused, are liable to be detained under sections 108 and 3(5) of the BNSS and section 67 of the IT Act.
- Whether bail can be granted to the petitioners under section 482(2) of the BNSS considering the facts and their clean antecedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 108, 3(5), 482(2)
- Information Technology (Amendment) Act, 2000 — s. 67
Subjects
- bail
- criminal procedure
- family members
- sexual assault
- privacy
- suicide
- Information Technology Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.842 of 2026
Arising Out of PS. Case No.-786 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
1 . Reyajul Ansari @ Reyazul Ansari @ Reyazut Mian @ Reyajul Mian S/O
Mahamddin Mian R/O Village- Saveya, Devraj, P.S- Ramnagar, Distt.- West
Champaran.
2. Samsuddin Ansari S/O Reyajul Ansari R/O Village- Saveya, Devraj, P.S-
Ramnagar, Distt.- West Champaran.
3. Saheb Ansari S/O Reyajul Ansari R/O Village- Saveya, Devraj, P.S-
Ramnagar, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N K Agrawal , senior Advocate
Mr. Manaur Alam , Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 108 and
3(5) of BNS and section 67 of Information and Technology
(Amendment) Act, 2000.
3 . As per prosecution case , the informant, namely
Nurnesha Khatun, alleged that the co-accused, Shamsad Ansari,
while residing in Delhi, was in a relationship with the daughter
of the informant, and when the relationship did not work, then
Patna High Court CR. MISC. No.842 of 2026(2) dt.21-01-2026
2/3
her daughter distanced herself, due to which the co-accused,
Shamsad Ansari, threatened her daughter and leaked her private
photos and videos on social media and also abused the
informant, as a result of which, the daughter of the informant
committed suicide .
4. It is submitted on behalf of the petitioners that as
per F.I.R. it is apparent that specific accusation of sexual assault
is against co-accused Shamsad Ansari. So far as these
petitioners are concerned, they have been made accused in this
case merely because they are family members of co-accused
Shamsad Ansari. Petitioners have got no concern with the
aforesaid occurrence . Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the fact that specific accusation is
against other co-accused persons, materials available on record,
clean antecedent of these petitioners and other circumstances of
the case , in the event of arrest or surrender within eight weeks
from today, let the petitioners, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned ACJM, VIth Bettiah West Champaran in connection
Patna High Court CR. MISC. No.842 of 2026(2) dt.21-01-2026
3/3
with Shikarpur P.S. Case No. 786 of 2025 , subject to the
conditions laid down under section 482 ( 2 ) of the Bharatiya
Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…