Patna High Court
Md. Amzad Hussain @ Md. AmzadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and bail is granted to the appellant, setting aside the trial court’s order denying bail.
Summary
The appellant, Md. Amzad Hussain, was arrested in February 2025 in connection with a Special POCSO case (No. 22 of 2025) arising from a complaint alleging that his son had eloped with the victim. He was charged under Sections 137(2) and 96 of the Bihar Narcotic Substances Act and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act. The trial court denied his bail application, prompting an appeal to the Patna High Court. The appellant’s counsel argued his innocence and that the victim had been recovered, while the State opposed bail. The High Court, after noting the service of notice and the appellant’s prolonged custody, set aside the trial court’s order and granted bail on condition of a Rs. 15,000 bond with two sureties.
Issues considered
- Whether the appellant is entitled to bail in a Special POCSO case involving charges under the Bihar Narcotic Substances Act and the SC/ST Act.
- Whether the service of notice to the appellant’s brother satisfies procedural requirements.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 96
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- bail
- POCSO
- SC/ST Act
- criminal appeal
- special judge
- false implication
- service of notice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3477 of 2025
Arising Out of PS. Case No.-541 Year-2024 Thana- GHOSI District- Jehanabad
======================================================
Md. Amzad Hussain @ Md. Amzad S/O Md. Sattar @ Sattar @ Haidar Ali
Resident of Village- Shekhpura, P.S- Ghosi, Distt.- Jehanabad.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Ranju Devi W/O Bablu Mochi R/O Village- Shekhpura, P.S- Ghosi, Distt.-
Jehanabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md Ataul Haque
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 02-04-2026 Heard the parties. The notice has been received by the
brother of the opposite party no. 02 and accordingly, the service
of notice is treated to be valid.
2. The instant appeal has been filed by the appellant
against the order dated 13.05.2025 passed by learned District
and Addl. Sessions Judge-VI-cum- Special Judge(POCSO),
Jehanabad, whereby the prayer for bail of the appellant in
connection with Special POCSO Case No. 22 of 2025 arising
out of Ghoshi P.S. Case No. 541 of 2024 registered for the
offence under Sections 137(2), 96 of the BNS and Section 3(1)
(r)(s) of SC/ST Act, was rejected.
3. The allegation against the appellant is that his son
Patna High Court CR. APP (SJ) No.3477 of 2025(5) dt.02-04-2026
2/2
had eloped with the victim.
4. The appellant is in custody since 18.02.2025.
5. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. He further submits that the victim has also been
recovered.
6. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
8. Accordingly, the appeal is allowed and order dated
13.05.2025, is hereby set aside.
9. Let the appellant 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 Special POCSO
Case No. 22 of 2025 arising out of Ghoshi P.S. Case No. 541 of
2024.
(Sandeep Kumar, J)
Vikas/-
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