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Patna High Court

Md Alisher @ BadalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Md Alisher @ Badal, was arrested in connection with a case involving the alleged kidnapping and sale of a minor girl, under Sections 137(2) and 140(2) of the BNS. The victim’s statement indicated she was taken by two persons, sold, and later met the petitioner who allegedly handed her over to an orchestra operator, but no sexual assault or physical violence by the petitioner was alleged. The petitioner argued that the FIR was lodged 45 days after the incident, he has a clean antecedent, and the only charge is that he transferred the girl to a third party. The State opposed bail, but the court considered the victim’s statement, the charge sheet, the petitioner’s clean record, and the length of custody. The court granted bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 480(3) of the BNSS and requiring the petitioner’s presence in court as directed.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under Sections 137(2) and 140(2) of the BNS.
  • Whether the delay in lodging the FIR and the petitioner’s clean antecedent justify bail.
  • Whether the petitioner’s alleged role of handing over the victim to a third party constitutes a cognizable offence warranting continued detention.

Legislation cited

  • BNS — s. 137(2), 140(2)
  • BNSS — s. 180, 183, 480(3)

Subjects

  • bail
  • criminal procedure
  • kidnapping
  • minor victim
  • clean antecedent
  • Section 137
  • Section 140
  • Section 480
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.157 of 2026
                        Arising Out of PS. Case No.-254 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Md Alisher @ Badal S/O Md Shahjir @ Jainul Sai R/O Village-
                 Shahnawazpur, P.O and P.S- Taraiya, Distt.- Saran at Chapra.
                                                                             ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Munna Devi W/O Surebh Rai R/O Village and P.O- Bhorha, P.S- Panapur,
                  Distt.- Saran.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Brajesh Sahay, Adv.
                                                   Ms. Rupa Sinha, Adv.
                                                   Mr. Noumaan Ahmad, Adv.
                 For the Opposite Party/s :        Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER
3   26-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. In the present case, the petitioner seeks bail in

                   connection with Panapur P.S. Case No. 254 of 2025, registered

                   for the offences under Sections 137(2), 140(2) of the BNS.

                                 3. As per the prosecution case, the minor daughter of

                   the informant was went missing from her house and the

                   informant received a call from her mobile phone wherein she

                   was assured that her daughter would be returned. But the

                   daughter of the informant did not return and she lodged the case.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submits that the FIR has been lodged after delay of 45

                   days without any explanation. The statement of the victim girl

                   was recorded under Section 180 and 183 of the BNSS. In her

                   statement recorded under Section 183 of the BNSS, she stated
Patna High Court CR. MISC. No.157 of 2026(3) dt.26-02-2026
                                            2/3




          that she left the house without telling anybody. While she has

          been sitting in a temple, two persons namely Vikas and Aman

          forcibly took her away and thereafter sold her for an amount of

          Rs.80,000/-. While the victim somehow reached Chapra station,

          she met with this petitioner who again took her to an orchestra.

          But there is no allegation of any sexual assault or physical

          violence by this petitioner. Learned counsel further submits that,

          however, the petitioner got implicated in this case as he was

          found in the same place from where the victim girl was

          recovered. Learned counsel further submits that, therefore, the

          only allegation which has come against the petitioner is that he

          handed the victim girl over to one Santosh who used to run

          orchestra apart from that there is no allegation of any wrong

          doing against the petitioner. The petitioner is having clean

          antecedent and he is in custody since 09.09.2025. Charge sheet

          has been submitted.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          statement of the victim girl and further considering submission

          of charge sheet, clean antecedent of the petitioner and his period
             Patna High Court CR. MISC. No.157 of 2026(3) dt.26-02-2026
                                                         3/3




                       of custody, the petitioner is directed to be released on bail, on

                       furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

                       Only) each with two sureties of the like amount each to the

                       satisfaction of learned JMFC, Saran at Chapra/concerned court,

                       in connection with Panapur P.S. Case No. 254 of 2025, subject

                       to the condition laid down under Section 480(3) of the BNSS

                       and other following conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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