Patna High Court
Md. Arij Khan @ Md Arij @ Ezaz @ ArifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Md. Arij Khan, sought anticipatory bail fearing arrest in a kidnapping case (Madhubani P.S. Case No. 116 of 2025) under Sections 137(2) and 140(3) of the Bihar Narcotic Substances Act, 2023. He alleged that the minor victim returned home voluntarily and that he was falsely implicated. The State opposed the bail application. The Court, noting the petitioner’s clean antecedents and the circumstances, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and imposed conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNSS. The order directs release if arrested or surrendered within four weeks, pending compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under Sections 137(2) and 140(3) of the BNSS, 2023.
- Whether the petitioner’s clean antecedent and the victim’s voluntary return justify the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 140(3), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- minor
- BNSS
- CrPC
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2565 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- Madhubani T District- Purnia
======================================================
Md. Arij Khan @ Md Arij @ Ezaz @ Arif S/O Md. Jakir Khan Resident of
Singeroli, P.S- Madhuvani, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
Mr. Bidhu Ranjan
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehend his arrest in connection
with Madhubani P.S. Case No. 116 of 2025, for offences under
Sections 137(2) and 140(3) of the B.N.S., 2023.
3. The petitioner and other accused persons are
alleged to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. From the statement of the victim girl it appears
that nothing wrong was done with her. She has come back home
on own.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.2565 of 2026(4) dt.24-02-2026
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the prayer for bail.
6. Considering the above facts and circumstances of
the case and the fact that petitioner has clean antecedent, the
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Purnea/concerned Court below, in connection with
Madhubani P.S. Case No. 116 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure/ section 482(2) of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
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