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Patna High Court

Arsad Ansari @ Tayub AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the anticipatory bail application, holding that it should not be granted given the seriousness of the offences.

Summary

Arsad Ansari applied for anticipatory bail fearing arrest in a case (No. 234 of 2025) alleging offences under Sections 74, 75, 3(5) of the BNS and Sections 4 and 8 of the POCSO Act, involving the alleged molestation of a 14‑year‑old girl. The prosecution presented the serious nature of the allegations. The Patna High Court, after hearing counsel, held that the gravity of the charges warranted denial of anticipatory bail. Consequently, the application for anticipatory bail was dismissed. The petitioner was ordered to surrender within four weeks and seek regular bail, failing which the police were directed to arrest him.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the serious allegations under the BNS and POCSO Acts.

Legislation cited

Subjects

  • anticipatory bail
  • POCSO Act
  • molestation
  • serious offences
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89304 of 2025
                 Arising Out of PS. Case No.-234 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Arsad Ansari @ Tayub Ansari S/O Nehsar Ansari @ Nisar Miya R/O Village-
                 Fatehpur ward no. 10, p.s- chanpatiya, district- West Champaran.

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X W/O Y R/O Village- Mahna Chowk, P.S- Gopalpur, Distt.- West
                 Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bimlesh Kumar Pandey
                 For the Opposite Party/s :        Mr. Surendra Prasad Singh
                                                   Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Chanpatiya P.S. Case No. 234 of 2025

                   registered for the offence under Sections 74, 75, 3(5) of the BNS

                   and under Sections 4 and 8 of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   said to have molested a 14 years old victim girl.

                                   4.     Considering the serious allegations levelled

                   against the petitioner, this Court is not inclined to grant

                   anticipatory bail to the petitioner.
          Patna High Court CR. MISC. No.89304 of 2025(2) dt.04-02-2026
                                                      2/2




                                     5.    Accordingly, this application for anticipatory

                    bail is dismissed.

                                    6. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Superintendent of Police, West

                    Champaran will take all steps for arrest of the petitioner.

                                   7.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, West Champaran

                    through FAX for its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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