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Patna High Court

Saif khanversusThe state of bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for regular bail, directing the petitioner’s release on bail.

Summary

The petitioner, Saif Khan, was arrested in connection with a kidnapping case (Chainpur P.S. Case No. 449/2025) alleged under Section 96 of the B.N.S. The prosecution alleged that he abducted an informant's daughter, while the petitioner claimed innocence, asserting that the girl had eloped with him. He had been in custody since 28‑11‑2025 and presented a clean antecedent, undertaking to cooperate with the trial. The petitioner’s counsel sought regular bail, whereas the Additional Public Prosecutor opposed the relief. After considering the circumstances, the Court found no compelling reason to deny bail and ordered the petitioner’s release on bail with a cash bond of Rs. 10,000 and two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to regular bail in a kidnapping case punishable under Section 96 of the B.N.S.

Legislation cited

Subjects

  • bail
  • kidnapping
  • Section 96
  • B.N.S.
  • false implication
  • elopement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17444 of 2026
                 Arising Out of PS. Case No.-449 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
                 ======================================================
                 Saif khan S/O Late Salim Khan @ Salim Khan R/o Vill.- Chainpur, P.S-
                 chainpur, Dist- Kaimur (Bhabua), P.S- chainpur,Bihar,Pin- 821103

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The state of bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr.Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Chainpur P.S. Case No. 449/2025 registered for the offences

                   punishable under Section 96 of the B.N.S.

                                3. As per the prosecution case, petitioner is alleged of

                   kidnapping informant’s daughter.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that from the

                   statement of the victim girl, it appears that she has eloped with

                   the petitioner. Petitioner has clean antecedent and he is in

                   custody since 28.11.2025. The petitioner undertakes to co-

                   operate in the case/ trial.
              Patna High Court CR. MISC. No.17444 of 2026(2) dt.16-03-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

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

                        satisfaction of the learned A.C.J.M.-II, Kaimur (Bhabua)

                        /concerned Court below in connection with Chainpur P.S. Case

                        No. 449 of 2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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