Patna High Court
Ehtesam @ Md. Ehtesam Saif @ AhetesamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- B.N.S., 2023 — s. 137(2), 142, 3(5)
- Juvenile Justice Act, 2015 — s. 81
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
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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
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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/-
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