Created by Fuzzy Cloud

Patna High Court

Faij Rahman @ Faiz RahmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to strict conditions.

Summary

Petitioner Faij Rahman, arrested on 20 July 2025 for alleged abduction of the informant's daughter under Sections 137(2) and 87 of the BNS, 2023, applied for bail. The prosecution, supported by the informant, opposed bail, relying on the victim's statement recorded under Section 183 of the BNSS, 2023. The petitioner contended that the FIR was fabricated, he has a clean antecedent, and that a co‑accused in a similar case had already been granted bail. The court examined the allegations, the victim's statement, and the precedent of bail to a co‑accused, and concluded that bail could be granted with safeguards. Accordingly, the court ordered release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 137(2) and 87 of the BNS, 2023.
  • Whether the victim's statement under Section 183 of the BNSS, 2023 warrants denial of bail.
  • Whether the alleged fabrication of the FIR and the clean antecedent of the petitioner justify bail.
  • Whether the bail granted to a co‑accused in a similar case influences the present bail application.

Legislation cited

Subjects

  • bail
  • abduction
  • false allegations
  • criminal procedure
  • Section 183
  • Section 137
  • Section 87
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26245 of 2026
                  Arising Out of PS. Case No.-113 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Faij Rahman @ Faiz Rahman S/O Mohammad Nayeem @ Md. Naim R/o -
                 Islam Nagar, near YMCA Hospital, P.S - Daily Market, Ranchi,Jharkhand

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Piyush Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                 For the Informant        :      Mr. Raju Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                     Heard Mr. Piyush Kumar Pandey, learned counsel

                   for the petitioner, Mr. Raju Kumar, learned counsel for the

                   informant and Mr. Shyam Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   20.07.2025 in connection with Musrigharari P.S. Case No. 113

                   of 2025, F.I.R. dated 17.07.2025 for the offences punishable

                   under Sections 137(2) and 87 of the BNS, 2023.

                               3. According to prosecution case, this petitioner along

                   with other accused persons have abducted the daughter of the

                   informant.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.26245 of 2026(2) dt.20-04-2026
                                            2/3




          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. He further submits that the

          petitioner is the friend of the co-accused, namely, Raj Aryan @

          Pappu and the victim was in love relation with the said Raj

          Aryan @ Pappu and the only allegation against the petitioner is

          that he has helped his friend Raj Aryan @ Pappu. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. He further submits that similarly

          situated, co-accused, namely, Raj Aryan @ Pappu against whom

          there is allegation that he has abducted the daughter of the

          informant has been granted bail by a co-ordinate Bench of this

          Court vide order dated 21.01.2026 passed in Cr. Misc. No.

          75985 of 2025. The petitioner is in custody since 20.07.2025.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner and submits the statement of

          the victim was recorded under Section 183 of the BNSS, 2023

          in which she has stated the name of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
            Patna High Court CR. MISC. No.26245 of 2026(2) dt.20-04-2026
                                                        3/3




                      the like amount each to the satisfaction of the learned CJM,

                      Samastipur in connection with Musrigharari P.S. Case No. 113

                      of 2025, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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