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Patna High Court

Hasan Ansari @ Hasana Ansari @ Md. HasanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Hasan Ansari, was arrested in connection with Bahadurganj Police Station Case No.143 of 2011, which alleged offences under Sections 365, 366, 372 and 498/34 of the Indian Penal Code relating to the alleged abduction of a complainant’s wife by Md. Mojib. The petitioner contended that he is innocent, has no criminal antecedent, and was framed because he is an agnate of Md. Mojib, who has since fled. He has been in judicial custody since 15 September 2025 and sought bail, while the State opposed the application. After hearing both sides, the Court considered the nature of the allegations, the petitioner’s lack of prior record, and the fact that the principal accused had absconded. The Court concluded that the circumstances warranted the grant of bail. Accordingly, the petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving offences under Sections 365, 366, 372 and 498/34 of the IPC

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • kidnapping
  • abduction
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89731 of 2025
                  Arising Out of PS. Case No.-143 Year-2011 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Hasan Ansari @ Hasana Ansari @ Md. Hasan, S/o Late Manzoor Ansari, R/o
                 Village - Domohani, Dangama, P.S - Bahadurganj, District -Kishanganj

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bahadurganj P.S. Case No. 143 of 2011 registered for the

                   offence punishable under Sections 365, 366, 372, 498/34 of the

                   Indian Penal Code.

                                3. The case of the prosecution is based on compliant

                   petition is that one Md. Mojib is having relationship with the

                   wife of the complainant and it is further alleged that he has

                   abducted the wife of the complainant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Md. Mojib and the wife of the complainant have fled
             Patna High Court CR. MISC. No.89731 of 2025(2) dt.15-01-2026
                                                         2/2




                       away. Petitioner is only agnate of Md. Mojib that is why he has

                       been framed in this case. The main thrust of allegation against

                       Md. Mojib. Petitioner is having no criminal antecedent and he is

                       languishing in judicial custody since 15.09.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Chief

                       Judicial Magistrate, Kishanganj in connection with Bahadurganj

                       P.S. Case No. 143 of 2011.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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