Patna High Court
Gulab SheikhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application and ordered the petitioner to be released on bail.
Summary
The petitioner, Gulab Sheikh, was arrested in connection with a case registered on 18 September 2025 under Sections 137(2), 87 and 3(5) of the Bihar Negotiable Substances Act. The incident involved the alleged abduction of the informant's daughter, during which the informant claimed the petitioner’s father abused him but the petitioner himself was not accused of any physical assault. The victim, recorded under Section 183 of the same Act, stated she had no grievance against the petitioner, and the petitioner has no prior criminal record. The petitioner sought regular bail, arguing the lack of grievance, absence of evidence of personal misconduct, and the short period of custody since 24 September 2025. The State and the informant opposed the bail, but the court considered the victim’s statement, the petitioner’s clean record, and the circumstances of the case. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 137(2), 87 and 3(5) of the Bihar Negotiable Substances Act given the victim’s statement and the petitioner’s lack of prior record.
Subjects
- regular bail
- Bihar Negotiable Substances Act
- victim statement
- no prior criminal record
- West Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1680 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- SIKTA District- West Champaran
======================================================
Gulab Sheikh S/O Sheikh Imam R/O - Jhumka, P.S- Sikta, District - West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Anita Kumari, APP
For the Informant/s : Mr. Aditya Nath Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sikta P.S. Case No. 131
of 2025 dated 18.09.2025 registered for the offences punishable
under Sections 137(2), 87 and 3(5) of B.N.S.
3. As per the allegation, the daughter of the informant
went away with Nazraha Khatoon and when she did not return,
the informant started searching. In the meantime, Gulab Sheikh
and Abdul Haque were taking her daughter on motorcycle.
When the informant tried to stop them, one Bhutti kicked due to
which the informant’s husband fell on the ground and they fled
away taking the victim. Thereafter, the informant went to the
house of Sheikh Gulab where his father abused him.
4. Learned counsel for the petitioner submits that as
per the statement recorded under Section 183 B.N.S.S., the
Patna High Court CR. MISC. No.1680 of 2026(3) dt.07-04-2026
2/2
victim has stated that she has got no grievance or complaint
against the petitioner and this petitioner has got no fault in the
occurrence. Moreover, there is no allegation of misbehaviour,
less to say any physical assault against the petitioner. It has
further been submitted that petitioner is in custody since
24.09.2025 having no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner.
6. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Bettiah, West Champaran in connection with Sikta P.S. Case No.
131 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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