Patna High Court
Md. Javed @ Md. JabedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 363, 365, 379, 504
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
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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
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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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