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Patna High Court

Md. Javed @ Md. JabedversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to bond, sureties and compliance with conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, three brothers from Hariyath village, sought relief fearing arrest in a kidnapping case (Sections 363, 365 IPC read with 34) concerning the alleged abduction of an 18‑year‑old son of an informant. They contended that the informant fabricated the charge, noting that the boy reappeared and even appeared for an examination, and that the police investigation had cleared them, though a Sub‑Divisional Judicial Magistrate proceeded with the case. The petitioners also highlighted a complaint filed by the wife of the first petitioner against the informant under Sections 341, 323, 379 and 504 IPC, asserting a false accusation. The State opposed the bail application. Considering the doubtful nature of the allegations and the possibility of false accusation, the Court ordered that the petitioners be released on bail upon furnishing bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements.

Issues considered

  • Whether the petitioners should be granted bail in view of the alleged false accusation and the police exoneration.
  • Whether the Sub‑Divisional Judicial Magistrate's cognizance is justified despite the investigative report clearing the petitioners.

Legislation cited

Subjects

  • bail
  • false accusation
  • kidnapping
  • Indian Penal Code
  • Section 482
  • criminal procedure
  • false complaint

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19280 of 2026
                     Arising Out of PS. Case No.-51 Year-2024 Thana- ALINAGAR District- Darbhanga
                 ======================================================
           1.     Md. Javed @ Md. Jabed Son of Late Md. Muslim @ Late Muslim Resident
                  of Viillage - Hariyath, P.S. - Alinagar, District - Darbhanga.
           2.    Md. Noor Nabi @ Noor Hassan Son of Md. Javed @ Md. Jabed Resident of
                 Viillage - Hariyath, P.S. - Alinagar, District - Darbhanga.
           3.     Md. Abdulla @ Abdul Son of Md. Javed @ Md. Jabed Resident of Viillage -
                  Hariyath, P.S. - Alinagar, District - Darbhanga.
                                                                          ... ... Petitioners
                                                        Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   06-04-2026                     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioners are

                   apprehending their arrest in connection with Alinagar P.S. Case

                   No. 51 of 2024, dated 18.05.2024, registered for the offences

                   punishable under Sections 363 and 365 read with Section 34 of

                   the Indian Penal Code.

                                   3. As per prosecution case, petitioners kidnapped

                   eighteen year old son of the informant.

                                   4. Learned counsel for the petitioners submits that

                   the petitioners are innocent and they have falsely been

                   implicated in this case. The informant has woven a completely
Patna High Court CR. MISC. No.19280 of 2026(2) dt.06-04-2026
                                            2/3




          concocted story which is not believable. The missing boy was

          produced by the informant himself before the Police on

          08.06.2024. Though the boy went missing on 17.05.2024, it is

          very much surprising that the said boy appeared for writing

          his examination on 22.05.2024. Learned counsel further

          submits that after investigation the Police exonerated the

          petitioners, finding the case untrue against the petitioners, but

          the learned Sub-Divisional Judicial Magistrate, Benipur,

          Darbhanga, differing from the final report, took cognizance

          against the petitioners. Learned counsel further submits that

          wife of petitioner no. 1 has filed a Complaint Case bearing

          C.R. No. 133 of 2024, in the Court of learned Additional

          Chief Judicial Magistrate, Benipur, Darbhanga, against the

          informant and his family members registered under Sections

          341, 323, 379 and 504 of the Indian Penal Code . Learned

          counsel lastly submits that petitioners are having clean

          antecedent.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioners.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          doubtful nature of allegation against the petitioners and
          Patna High Court CR. MISC. No.19280 of 2026(2) dt.06-04-2026
                                                      3/3




                    possibility of false accusation, let the petitioners, above-named,

                    in the event of their arrest or surrender before the Court

                    concerned within a period of eight weeks from today, be

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

                    (Rupees Ten Thousand Only) each with two sureties of the like

                    amount each to the satisfaction of learned Additional Chief

                    Judicial Magistrate, Benipur, Darbhanga, in connection with

                    Alinagar P.S. Case No. 51 of 2024, subject to the conditions as

                    laid down under Section 482(2) of the B.N.S.S. and other

                    following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioners.

                                    (ii) The petitioners will remain present on each and

                    every date fixed by the Court below, if so required by the

                    learned trial Court.


                                                                (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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