Patna High Court
Maqsood AnsariversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to petitioners 1‑4 subject to bond and conditions, and dismissed the anticipatory bail application of petitioner No.5 as withdrawn.
Summary
The petitioners, five relatives, applied for anticipatory bail in connection with Chakai Police Station Case No. 226 of 2025, which is registered under sections 96, 74 and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the accused had taken the informant’s daughter to their house for the purpose of marriage, with the specific allegation primarily against petitioner No.5, Imtiyaz Ansari, whose anticipatory bail application was withdrawn. The petitioners argued that there was an 11‑day delay in lodging the FIR, no criminal antecedent, and that the allegations against petitioners 1‑4 were general. The court allowed the withdrawal of the anticipatory bail application of petitioner No.5 and, considering the delay and the specific nature of the allegation, granted anticipatory bail to petitioners 1‑4 subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023. The court also permitted petitioner No.5 to seek regular bail within three weeks if he surrenders.
Issues considered
- The propriety of granting anticipatory bail to petitioners 1‑4 in view of the delay in filing the FIR and the nature of the allegations.
- Whether the anticipatory bail application of petitioner No.5 should be withdrawn.
- The applicability of Sections 438(2) CrPC and 482(2) B.N.S.S, 2023 in granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 74, 96
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- delay in FIR
- marriage allegation
- Section 438 CrPC
- Section 482 B.N.S.S
- Bihar Narcotic Substances Act
- bail bond
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88123 of 2025
Arising Out of PS. Case No.-226 Year-2025 Thana- CHAKAI District- Jamui
======================================================
1. Maqsood Ansari S/o Samsul Ansari R/o Village - Satbhaiya, P.S -
Chandramandi, District - Jamui At present R/o Village - Ramchandradih
(Ansari Tola), P.S - Chakai, District - Jamui
2. Tamanna Khatun D/o Samsul Ansari R/o Village - Satbhaiya, P.S -
Chandramandi, District - Jamui At present R/o Village - Ramchandradih
(Ansari Tola), P.S - Chakai, District - Jamui
3. Labiya Khatun @ Gulshan Khatun W/o Yousuf @ Kolha Ansari R/o Village
- Satbhaiya, P.S - Chandramandi, District - Jamui At present R/o Village -
Ramchandradih (Ansari Tola), P.S - Chakai, District - Jamui
4. Noorjaha Bibi W/o Samsul Ansari R/o Village - Satbhaiya, P.S -
Chandramandi, District - Jamui At present R/o Village - Ramchandradih
(Ansari Tola), P.S - Chakai, District - Jamui
5. Imtiyaz Ansari @ Md. Imtiyaz S/o Islam Ansari R/o Village - Satbhaiya, P.S
- Chandramandi, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the State : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. After some arguments, learned counsel for the
petitioners prays for withdrawal of the anticipatory bail
application on behalf of petitioner no.5 Imtiyaz Ansari @ Md.
Imtiyaz.
3. Permission is granted.
4. The application is dismissed as withdrawn with
respect to petitioner no.5 only. However, liberty is granted that
if the petitioner no.5 surrenders and seeks regular bail within a
period of three weeks before the learned Court below, the same
Patna High Court CR. MISC. No.88123 of 2025(2) dt.15-01-2026
2/3
shall be considered on its own merit without being prejudiced
by the present order of withdrawal preferably on the same day.
5. The petition now survives on behalf of petitioner
nos. 1 to 4 only.
6. The petitioners apprehend their arrest in
connection with Chakai P.S. Case no.226 of 2025 registered
under sections 96, 74 and 3(5) of B.N.S, 2023.
7. The case of the prosecution is that all accused
persons took the informant’s daughter to their house for the
purpose of marriage.
8. Learned counsel for the petitioners submits that
it would be apparent from the F.I.R that thrust of the allegation
is upon co-accused Imtiyaz Ansari @ Md. Imtiyaz (petitioner
no.5) of having taken the informant’s daughter for the purpose
of marriage, whose application for anticipatory bail has already
been withdrawn. So far as petitioner nos.1 to 4 are concerned,
there are general and omnibus allegations leveled upon them.
There is delay of 11 days in lodging of the F.I.R, for which no
explanation has been tendered. It has further been submitted that
petitioner no.5 had earlier filed a complaint case against the
informant’s son and others with allegation that rape was
committed with his wife and in retaliation the present case has
Patna High Court CR. MISC. No.88123 of 2025(2) dt.15-01-2026
3/3
been filed. The petitioners have no criminal antecedent and
undertake to cooperate in the case/trial.
9. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
10. In view of the entire facts and circumstances of
the case and considering that there is delay in lodging of the
F.I.R coupled with the fact that specific allegation of taking the
informant’s daughter for the purpose of marriage to accused
Imtiyaz Ahmed, whose anticipatory bail application has already
been withdrawn, it is directed that the petitioner nos. 1 to 4, in
the event of their arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Chakai P.S. Case no.226 of 2025 on each
of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending, subject to the condition laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…