Patna High Court
Farhad AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail could not be granted as the allegations of serious offences were sufficient to deny bail.
Summary
The petitioner, Farhad Ansari, sought anticipatory bail after the police registered a case alleging his involvement in attempted rape and the creation of obscene photographs. The FIR named him among accused persons under Sections 376, 504, 506, 509, 511, and 34 of the Indian Penal Code and Section 67 of the Information Technology Act. The petitioner claimed innocence and argued that no offence was committed. The State opposed the bail, contending that the allegations were prima facie established. After hearing both sides, the Court examined whether the petitioner was entitled to anticipatory bail under the Criminal Procedure Code. Considering the facts and the seriousness of the offences, the Court dismissed the petition for anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Criminal Procedure Code in view of the alleged offences under the IPC and IT Act
Legislation cited
- Indian Penal Code — s. 34, 376, 504, 506, 509, 511
- Information Technology Act — s. 67
Subjects
- anticipatory bail
- rape
- obscenity
- Indian Penal Code
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9241 of 2026
Arising Out of PS. Case No.-273 Year-2023 Thana- JOGAPATTI District- West Champaran
======================================================
Farhad Ansari S/o Asfaq Ansari @ Asfak Miyan Resident of Village-
Gokhula, P.S.- Lauriya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 376, 504, 506, 509, 511
and 34 of the Indian Penal Code and Section 67 of the I.T. Act.
3. The informant alleges that the F.I.R. named accused
persons along with this petitioner attempted to rape. It is also
alleged that the petitioner made obscene photos.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence.
5. Considering the fact and circumstances, the prayer
for anticipatory bail of the petitioner is dismissed.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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