Patna High Court
Md. Gul HasanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the allegations were deemed serious and in line with the Supreme Court’s precedent.
Summary
The petitioner, Md. Gul Hasan, was arrested in connection with a kidnapping case (Kunauli P.S. Case No. 105 of 2025) alleging that he abducted minor girls with intent to take them to Nepal. The offence is alleged under Sections 96 and 143(3) of the BNS. The petitioner applied for bail, having been in custody since 11‑10‑2025. The court considered the seriousness of the allegations and relied on the Supreme Court’s decision in Pinki v. State of Uttar Pradesh (2025 SCC OnLine 781), which cautioned against granting bail in similar grave cases. Consequently, the court declined to grant bail, dismissing the application while noting that the order is limited to the bail question and does not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping under Sections 96 and 143(3) of the BNS.
Legislation cited
- BNS — s. 143(3), 96
Subjects
- bail
- kidnapping
- cross‑border crime
- Section 96 BNS
- Section 143(3) BNS
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12602 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- KUNAULI District- Supaul
======================================================
Md. Gul Hasan Son of Md. Abdul Hafiz @ Md. Abdul Haphij Resident of
Village - Kanchanpur Ward no. 12, Ps- Kanchanpur, Dist- Saptari, Nepal
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Singh
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kunauli P.S. Case No. 105 of 2025 registered for the offence
under Sections 96, 143(3) of the BNS.
3. As per the prosecution case, the petitioner is said
to have kidnapped the victim girls and was trying to take them
to Nepal.
4. The petitioner is in custody since 11.10.2025.
5. Considering the seriousness of allegation levelled
against the petitioner and the judgment of the Hon’ble Supreme
Court in the case of Pinki Vs. State of Uttar Pradesh reported
as 2025 SCC OnLine 781, this Court is not inclined to grant
bail to the petitioner.
Patna High Court CR. MISC. No.12602 of 2026(3) dt.09-04-2026
2/2
6. Accordingly, this application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…