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Patna High Court

Farhad AnsariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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