Created by Fuzzy Cloud

Patna High Court

Md. Naseer @ Md. NasirversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused for the petitioners.

Summary

The petitioners, Md. Naseer, Md. Arman and Tanjila Khatoon, sought anticipatory bail fearing arrest in a kidnapping case (PS Benipatti Case No. 314 of 2025) under Sections 137(2), 96, 115(2), 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleged that co‑accused Md. Farman, along with an unknown person, kidnapped the minor daughter of an informant, and that the petitioners had abused and ousted the informant when he approached Farman. The petitioners contended they were falsely implicated because of family ties to Farman and maintained a clean antecedent. The State, relying on the victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita, asserted that the petitioners were also involved in the kidnapping and threatened the victim. Considering the seriousness of the allegations and the victim’s statement, the court refused the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the allegations of kidnapping and the victim's statement under Section 183 of the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • false implication
  • victim statement
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18501 of 2026
                    Arising Out of PS. Case No.-314 Year-2025 Thana- BENIPATTI District- Madhubani
                 ======================================================
           1.     Md. Naseer @ Md. Nasir Son of Md. Mangal R/o - Gamhariya, P.S -
                  Benipatti, District - Madhubani
           2.    Md. Arman Son of Md. Naseer @ Md. Nasir R/o - Gamhariya, P.S -
                 Benipatti, District - Madhubani
           3.    Tanjila Khatoon Wife of Md. Naseer @ Md. Nasir R/o - Gamhariya, P.S -
                 Benipatti, District - Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Md. Tahir son of Md. Idris R/o - Gamhariya, P.S - Benipatti, District -
                 Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in Benipatti P. S. Case

                   No. 314 of 2025 registered for the offences punishable under

                   Sections 137(2), 96, 115(2), 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                3. As per F.I.R., co-accused Md. Farman along with

                   one unknown accused person kidnapped minor daughter of the

                   informant and when informant went to the house of co-accused

                   Md. Farman to make complaint, these petitioners abused and
              Patna High Court CR. MISC. No.18501 of 2026(2) dt.02-04-2026
                                                          2/2




                        ousted him.

                                     4. Learned counsel for the petitioners submits that

                        petitioners are innocent and have committed no offence.

                        Specific accusation of kidnapping is against co-accused Md.

                        Farman and petitioners have falsely been implicated in this case

                        merely because they are family members of co-accused Md.

                        Farman. Petitioners claim clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that during investigation,

                        victim was recovered and in her statement, recorded under

                        Section 183 BNSS, she has stated that these petitioners were

                        also involved in the kidnapping and threatened her not to

                        disclose the incident to anyone.

                                     6. Considering the nature of accusation and statement

                        of the victim recorded under Section 183 BNSS, prayer for

                        anticipatory bail of the petitioners is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.