Patna High Court
Shahbaj Alam @ Shahbaj KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
Shahbaj Alam applied for regular bail in a case where he was accused of taking away a 16‑year‑old girl, who is now 17, alleged to be the informant’s daughter. The prosecution alleged kidnapping under sections 137(2) and 87 of the Bhartiya Nyaya Sanhita, 2023, but the victim did not support the case in her statement under section 183 BNSS. The petitioner, who has no prior criminal record, had been in custody since 19‑December‑2025 and a chargesheet had already been filed. The court considered the victim’s age, the lack of her corroboration, and the length of detention. It ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional District and Sessions Judge‑VI‑cum‑Special Judge, POCSO, West Champaran.
Issues considered
- Whether regular bail should be granted to the accused under sections 137(2) and 87 of the Bhartiya Nyaya Sanhita, 2023 given the allegations of kidnapping of a minor.
- Whether the victim’s non‑support of the prosecution under section 183 BNSS and the petitioner’s lack of criminal antecedents justify bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 183, 87
Subjects
- regular bail
- criminal procedure
- kidnapping
- minor
- Bhartiya Nyaya Sanhita
- Section 137
- Section 87
- Section 183
- POCSO
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16945 of 2026
Arising Out of PS. Case No.-474 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Shahbaj Alam @ Shahbaj Khan Son of Amir Khan Vill- Tinsukia, Marggreta
Balukahat, P.S. - Tinsukia, Dist. - Dinbrugarh, at present, R/o Villaege -
Khadda Rahimpur, P.S. - Nautan, Distt. - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXXX Wife of Saheb Miya R/o Village - Khadda Rahimpur, Ward no.
07, P.S. - Nautan, Dist. - West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
Mr. Dhananjay Kumar
Mr. Ashwani Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Nautan P.S. Case no.474
of 2025 registered under sections 137(2) and 87 of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner has taken away her 16 year old minor
daughter.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The
informant’s daughter is a major and it is a case of love affair
Patna High Court CR. MISC. No.16945 of 2026(3) dt.06-05-2026
2/2
between the parties. She has not supported the prosecution case
in her statement under section 183 BNSS. The petitioner is in
custody since 19.12.2025 and chargesheet has been submitted in
the case. He has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the age of victim having been assessed to be 17 years,
the victim not having supported the prosecution case in her
statement recorded under section 183 BNSS and the petitioner
having remained in custody since 19.12.2025, the petitioner is
directed to be enlarged on bail in connection with Nautan P.S.
Case no.474 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional District and
Sessions Judge-VI-cum-Special Judge, POCSO, West
Champaran, Bettiah.
(Partha Sarthy, J)
Shiv/-
U T
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