Patna High Court
Sahid AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to bail upon furnishing a Rs.10,000 bond with two sureties.
Summary
The petitioner, Sahid Ansari, applied for regular bail in a case involving alleged kidnapping, assault, and offences under the Bharatiya Nyay Sanhita and the POCSO Act. The prosecution alleged that the petitioner, with co‑accused, lured a school‑going girl, attempted to give her medicine, teased her, and pushed her into water, though the victim was rescued. The petitioner claimed innocence, citing lack of sexual assault in the victim’s statement recorded under Section 183 of the B.N.S.S., refusal for medical examination, and a clean criminal record, while noting that a co‑accused had already been granted bail. The State opposed bail, arguing seriousness of the offences. The Court, after considering the submissions and circumstances, ordered bail on the condition of a Rs.10,000 bond with two sureties, thereby allowing the application.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 74, 75, 3(5) of the Bharatiya Nyay Sanhita and Sections 4, 8 of the POCSO Act
- Whether the victim’s statement and refusal of medical examination affect the bail decision
- Whether the grant of bail to a co‑accused influences the petitioner’s bail application
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 3(5), 74, 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- POCSO Act
- victim statement
- co‑accused
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90183 of 2025
Arising Out of PS. Case No.-234 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Sahid Ansari S/O Md. Rafayat Ansari Resident of Vill- Fajihatwa, P.S.-
Gopalpur, Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Y R/O VIll.- Mahna Chowk, P.S- Gopalpur, Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner and learned
counsel for the informant. Learned APP for the State is present
through virtual mode.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chanpatiya P.S. Case
No. 234 of 2025 for the offences punishable under Sections 74,
75, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 4, 8 of
the POCSO Act.
3. As per the prosecution case, it is alleged that when
the daughter of the informant was playing in the school during
lunch time then the petitioner along with other co-accused
person lured her and took her to graveyard at some distance
from Dumra village and asked her to take some medicine and
Patna High Court CR. MISC. No.90183 of 2025(3) dt.06-04-2026
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biscuits. When she refused, they started teasing her and when
she shouted they pushed her in water. At the same time, a man
coming on bike pulled her out of water and dropped her home.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case due to some ulterior motive and village politics. The
statement of the victim was recorded under Section 183 of the
B.N.S.S. in which she did not state anything about sexual
assault and apart from that it has come in paragraph no. 42 of
the case diary that the victim has refused for her medical
examination. Moreover, similarly situated co-accused person,
namely, Asgar Ali has already been granted the privilege of bail
by a co-ordinate Bench of this Court vide order dated
02.04.2026 passed in Cr. Misc. No. 88142 of 2025. It has lastly
been submitted that the petitioner has clean criminal antecedent
and is in custody since 01.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.90183 of 2025(3) dt.06-04-2026
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with two sureties of the like amount each to the satisfaction of
learned Court concerned, West Champaran, in connection with
Chanpatiya P.S. Case No. 234 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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