Patna High CourtCR. MISC./49419/2025bail granted

Faiyaj Ansari @ Faiyaz Mohammad @ Fariyad Ansari @ Faiyaz @ Md. Faiyaj Ansari v. The State Of Bihar

2025-10-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49419 of 2025 Arising Out of PS. Case No.-212 Year-2024 Thana- JOGBANI District- Araria ====================================================== Faiyaj Ansari @ Faiyaz Mohammad @ Fariyad Ansari @ Faiyaz @ Md. Faiyaj Ansari S/O Md. Kurban Ansari R/O Harijan Kolony, Ward no. 15, P.S.- Jogbani, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Jogbani P.S. Case No. 212 of 2024 instituted for the offences under Sections 137(2)/96 of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the petitioner is the accused of luring and kidnapping the informant's daughter for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. He further submits that there is not an iota of evidence against the petitioner of kidnapping the

Patna High Court CR. MISC. No.49419 of 2025(3) dt.09-10-2025 2/3 victim girl. Learned counsel for the petitioner further submits that the victim girl in her statement recorded under Sections 180 and 183 of the B.N.S.S. has not made any allegation of any overt act against the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 26.10.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections 137(2)/96 of the B.N.S.S.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also the statements of the victim girl, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jogbani P.S. Case No. 212 of 2024, subject to the following conditions;

Patna High Court CR. MISC. No.49419 of 2025(3) dt.09-10-2025 3/3 (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T