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Patna High Court

Aas Mohammad @ As Mohammad @ Ash MohammadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Aas Mohammad, was arrested in connection with a case registered under Sections 137(2) and 140(3) of the B.N.S., 2023 for allegedly kidnapping the minor son of an informant. He claimed innocence, stating he was merely the second husband of Safina Khatoon, whose confession implicated him, and that the child was later returned. The petitioner argued that the allegation of kidnapping was a misconception, that he has no prior criminal record, and that he has been in judicial custody since 16-10-2025. The State opposed bail, contending the seriousness of the offences. After hearing both sides, the High Court found the circumstances warranted bail and ordered the petitioner to be released on a bond of Rs.10,000 with two sureties. The bail was granted subject to compliance with the conditions set by the Chief Judicial Magistrate, Samastipur.

Issues considered

  • Whether the petitioner is entitled to bail under Sections 137(2) and 140(3) of the B.N.S., 2023.
  • Whether the evidence, primarily a confession of Safina Khatoon, is sufficient to justify continued detention of the petitioner.
  • Whether the petitioner’s alleged role as second husband of the accused negates criminal liability.

Legislation cited

Subjects

  • bail
  • kidnapping
  • B.N.S. 2023
  • criminal procedure
  • minor
  • confession
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12534 of 2026
                  Arising Out of PS. Case No.-182 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Aas Mohammad @ As Mohammad @ Ash Mohammad Son of Kari Dhovi
                 Resident of village - Jajuar West (Bagwasa), P.S.- Katra, Muzaffarpur, Bihar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Smiti Bharti, Advocate
                 For the Opposite Party/s :      Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   27-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Musarigharai P.S. Case No. 182 of 2025 registered for the

                   offence punishable under Sections 137(2), 140(3) of the B.N.S.,

                   2023.

                                3. The case of the prosecution in short is that one

                   Safina Khatoon has kidnapped the minor son of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is the second husband

                   of Safina Khatoon. The name of this petitioner has surfaced in

                   this case on the basis of confessional statement of Safina
Patna High Court CR. MISC. No.12534 of 2026(2) dt.27-02-2026
                                            2/3




          Khatoon. He also submits that the petitioner is already having

          five kids from his first wife. He further submits that the fact of

          this case is that Safina has come to the house of the informant,

          who is Harnish, and has taken the minor baby only on the basis

          of love and affection. She had no such intention to kidnap. As

          the case has been filed, the baby has been returned, and from

          perusal of the order of the learned trial court, it is clear that the

          petitioner was apprehended with Safina Khatoon with a minor

          boy while they were alighting from Krishi Travels. He also

          submits that the case was filed in misconception and the child

          has been handed over. Moreover, the main thrust of allegation is

          against Safina, whereas the petitioner is only her second

          husband. He further submits that a statement has been made in

          para 3 of the petition that petitioner has no criminal antecedent

          and he is languishing in judicial custody since 16.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.12534 of 2026(2) dt.27-02-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned Chief

                     Judicial      Magistrate,        Samastipur          in   connection   with

                     Musarigharari P.S. Case No. 82 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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