Patna High Court
Md. Rojit UddinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Rojit Uddin, was arrested in connection with a kidnapping case involving his son, Md. Sabbir, and charged under sections 126(2), 115, 96, 352(2), 351(3) and 3(5) of the Bihar Penal Code. The prosecution alleged that the petitioner assaulted and threatened the informant when the latter confronted Sabbir. The petitioner contended that he was falsely implicated solely because of his relationship with the alleged kidnapper and had no prior criminal record. The State opposed the grant of regular bail. After considering the circumstances, the High Court found no sufficient ground to keep the petitioner in custody and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the Bihar Penal Code.
Subjects
- regular bail
- bail petition
- kidnapping
- assault
- Bihar Penal Code
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1637 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Md. Rojit Uddin Son of Md. Chhangori Uddin Resident of Beldour, ward no.
5, PS- Beldour District -Khagaria
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126 (2),
115, 96, 352 (2), 351 (3) and 3 (5) of the BNS.
3. The case of the prosecution is that Md. Sabbir
and others has kidnapped the minor daughter of the informant.
When the informant went to the house of Md. Sabbir, it is
alleged that that the petitioner, who is father of Md. Sabbir
abused, assaulted and threatened him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
main thrust allegation of is against Md. Sabbir and that the
Patna High Court CR. MISC. No.1637 of 2026(2) dt.31-01-2026
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petitioner has been roped in merely because the petitioner is
father of Md. Sabbir. Moreover, the petitioner is languishing in
judicial custody since 07.11.2025 having no criminal
antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Beldour P.S. Case No. 316 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Khagaria.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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