Created by Fuzzy Cloud

Patna High Court

Jhunna AnsariversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court refused bail, holding that the seriousness of the offences and the confessional statement of the co‑accused preclude the grant of bail.

Summary

The petitioner, Jhunna Ansari, was arrested on 14 August 2025 in connection with a murder case (Nautan P.S. Case No. 398 of 2025) involving the death of a woman allegedly killed by her husband and accomplices. The FIR alleges that the petitioner, identified as accused No. 9, participated in the torture and killing of the victim, based on a confessional statement of co‑accused Brijesh Sahani. The petitioner pleaded innocence, claiming a clean antecedent, no familial relationship with the victim, and that the FIR is fabricated. The prosecution opposed bail, relying on the co‑accused’s confession and the seriousness of the offences under Sections 103(1), 238 and 3(5) of the BNS. The Court, after considering the material and the seriousness of the charges, declined to grant bail, refusing the petitioner's prayer.

Issues considered

  • Whether bail should be granted to the petitioner in a murder case involving alleged participation in the crime.
  • Whether the confessional statement of a co‑accused can be relied upon to deny bail.

Legislation cited

  • BNS — s. 103(1), 238, 3(5)

Subjects

  • bail
  • murder
  • confessional statement
  • co‑accused
  • Section 103
  • Section 238
  • Section 3(5)
  • BNS
  • High Court
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88258 of 2025
                   Arising Out of PS. Case No.-398 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Jhunna Ansari Son of Mobarak Ansari Resident of Village - Maduwaha Tola
                 Sihuliya, P.S.- Nautan, District - West Champaran.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Chandra Verma, Advocate
                                          :       Mr. Hemant Ray, Advocate
                                          :       Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   01-04-2026                      Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   14.08.2025 in connection with Nautan P.S. Case No. 398 of

                   2025 for the offences punishable under Sections 103(1), 238 and

                   3(5) of BNS.

                                3. The prosecution story, in brief, is that on

                   12.08.2025, at about 12:10 midday, the informant, Bhikhari

                   Sahani son of Late Tilakdhari Sahani, resident of village-

                   Dakshin Telhua, Sati Tola, P. S.- Nautan, District- West

                   Champaran, submitted typed report before the S. H. O. of

                   Nautan P.S. alleging therein that his daughter was married to

                   Brajesh Sahani about 09 years ago, and she was blessed with
Patna High Court CR. MISC. No.88258 of 2025(5) dt.01-04-2026
                                            2/3




          three children. Her husband had developed illicit relation with

          his 'bhabhi', and on protest by his daughter, all the 11 named

          accused persons including the petitioner figuring accused no. 9

          used to torture her committing marpit with her. On 09.08.2025,

          at about 10.00 p. m. in the night, while her husband was

          sleeping with his 'bhabhi', his daughter raised objection, and

          then they caused her death, and disappeared the dead body. On

          10.08.2025, while the informant was trying to find out about the

          assailant, some people asking him to keep their names secret,

          and said that they had disappeared her dead body after killing

          her.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. Learned counsel for the petitioner further

          submits that petitioner is neither the family member of the

          husband of the deceased nor relative of the in-laws of the

          deceased. It is next submitted that there is no specific allegation

          against the petitioner in the present matter.

                      5. The learned Additional Public Prosecutor for the
           Patna High Court CR. MISC. No.88258 of 2025(5) dt.01-04-2026
                                                       3/3




                     State on the basis of materials available on record and the case

                     dairy has vehemently opposed the prayer for bail of the

                     petitioner and submits that the co-accused namely, Brijesh

                     Sahani, who is happened to be husband of the deceased as stated

                     in paragraph-33 of the case diary that the petitioner was

                     involved in the present crime in question along with co-accused

                     Brijesh Sahani and on the basis of confessional statement of co-

                     accused Brijesh Sahani, the dead body of the victim was

                     recovered, so confessional statement of co-accused person

                     cannot be disbelieved in the present case

                                  6. Considering the aforesaid facts and circumstances,

                     I am not inclined to enlarge the petitioner on bail in connection

                     with Nautan P.S. Case No. 398 of 2025 pending in the learned

                     SDJM, West Champaran at Bettiah.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.