Patna High Court
Md Alisher @ BadalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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
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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
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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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