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Patna High Court

Ehtesam @ Md. Ehtesam Saif @ AhetesamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail is appropriate given the petitioner’s clean antecedent and the nature of the allegations, and granted bail subject to prescribed conditions.

Summary

The petitioner, Ehtesam Saif, sought anticipatory bail fearing arrest in a case (Araria PS Case No.428 of 2025) involving alleged kidnapping of an infant after delivery, with accusations under Sections 137(2), 142, 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 81 of the Juvenile Justice Act, 2015. The prosecution alleged that the infant was taken from a private nursing home under suspicious circumstances. The petitioner contended that he was falsely implicated, had a clean antecedent, and was willing to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the allegations. Considering the petitioner’s clean record and the nature of the allegations, the Court granted anticipatory bail on the condition of a Rs.10,000 bail bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the allegations under Sections 137(2), 142, 3(5) of the B.N.S., 2023 and Section 81 of the Juvenile Justice Act, 2015 justify arrest.
  • Whether the petitioner is likely to flee, tamper with evidence, or otherwise obstruct justice.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • false implication
  • child abduction
  • Section 137
  • Section 142
  • Section 3(5)
  • Juvenile Justice Act
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18169 of 2026
                        Arising Out of PS. Case No.-428 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Ehtesam @ Md. Ehtesam Saif @ Ahetesam S/o Md. Nabiruddin Resident of
                 Village- Kakora, P.S.- Mahalgaon, District- Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Advocate.
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Araria P.S. Case No.428 of 2025 instituted under Sections

                   137(2), 142, 3(5) of the B.N.S., 2023 read with Section 81 of the

                   Juvenile Justice Act, 2015..

                                3. As per the prosecution case, the wife of the

                   informant, namely, Bibi Khatoon was admitted for delivery of

                   child at Sadar Hospital, his co-villager dai, namely, Sajara

                   Khatoon brought her hospital. It is alleged that after delivery of

                   child, the said dai, namely, Sajara Khatoon advised to admit in

                   private hospital then the owner of private nursing home called

                   them and both reached in a private nursing home. When the

                   wife of informant regained consciousness and the child was
Patna High Court CR. MISC. No.18169 of 2026(2) dt.25-03-2026
                                            2/3




          admitted, she said to the informant to come next day and when

          they went on the next day it is said that an injection was given to

          child and he is in glass and told to come after three days but

          after three days the owner of the said nursing home refused to

          give child.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case only on the basis of suspicion. He further submits that the

          petitioner has filed an application before the learned Court

          concerned that the infant child of informant was admitted in a

          hospital outside Araria by the nurses and due to suspicion the

          informant has filed the F.I.R. Learned counsel submits that

          informant has already received the infant child and when he

          came to know about the real fact, he has filed the said

          application before the learned Court concerned. He further

          submits that petitioner has got clean antecedent and he

          undertakes to cooperate in the investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation against the petitioner as well as his clean
              Patna High Court CR. MISC. No.18169 of 2026(2) dt.25-03-2026
                                                          3/3




                        antecedent, in the event of arrest or surrender before the Court

                        below within six weeks from today, the petitioner be released on

                        bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

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

                        satisfaction of the learned C.J.M., Araria/ concerned Court in

                        connection with Araria P.S. Case No.428 of 2025, subject to the

                        conditions laid down in Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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