Patna High Court

Badrul Hasan @ Md Badrul HasanversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, holding that there was insufficient basis to deny bail.

Summary

Badrul Hasan, the father of an accused who allegedly recorded an obscene video of a minor and threatened the victim's family, was charged under Sections 108 and 351(2) of the Bihar Negotiable Substances Act and Section 4 of the POCSO Act. The prosecution alleged that the father's son’s actions led to the suicide of the victim’s informant’s daughter. The petitioner contended that he had no involvement in the alleged offences and possessed no criminal antecedents. The State opposed the bail application, citing the seriousness of the offences. After hearing both sides, the Patna High Court granted bail to the petitioner upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the Special Judge, POCSO, Sitamarhi.

Issues considered

Whether the father of the alleged offender can be granted bail for offences under the Bihar Negotiable Substances Act and the POCSO Act.
Whether the alleged involvement of the petitioner justifies denial of bail.
Whether the seriousness of the alleged offences under Sections 108, 351(2) of BNS and Section 4 of POCSO precludes bail.

Legislation cited

Protection of Children from Sexual Offences Act, 2012 — s. 4

Subjects

bail
POCSO
sexual offences
suicide
parental liability
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.26830 of 2026
                     Arising Out of PS. Case No.-54 Year-2026 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Badrul Hasan @ Md Badrul Hasan S/o Lt. Abdul Latif Resident of Village -
                 Bariyarpur Gote, Ward No. 7, P.O - Bariyarpur, P.S - Sitamarhi, District -
                 Sitamarhi, Pin - 843302
                                                                         ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     XXXX C/o Hritik Kumar R/o Village - Bariyarpur Gote, Ward No. 41, P.O -
                  Bariyarpur, P.S - Sitamarhi, District - Sitamarhi, Pin - 843302
                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s          :         Ms. Anita Kumari, Advocate
                                                         Mr. Vikash Kumar Jha, Advocate
                 For the Opposite Party/s      :         Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                                 ORAL ORDER

2   22-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Sitamarhi P.S. Case No.54 of 2026 registered for the

                   offence punishable under Sections 108 & 351(2) of the BNS and

                   under Section 4 of the POCSO Act.

                               3. The case of the prosecution, in short, is that the son

                   of the petitioner was giving tuition to the victim of this case and

                   it is alleged that he has clicked her obscene video. When the

                   family members including the informant complained regarding

                   the act of the son of the petitioner, they assaulted and threatened

                   the family members of the victim. It is the case of the

                   prosecution that due to the pressure created by the son of the

                   petitioner, the daughter of the informant (deceased) has
            Patna High Court CR. MISC. No.26830 of 2026(2) dt.22-04-2026
                                                        2/2




                      committed suicide.

                                   4. Learned counsel appearing on behalf of the

                      petitioner has submitted that main thrust of allegation is against

                      Md. Parvej, who is son of the petitioner. Learned counsel for the

                      petitioner has submitted that there is no role of the petitioner in

                      the occurrence. He is merely father of Parvej. Learned counsel

                      for the petitioner has submitted that the petitioner is having no

                      criminal antecedent.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      ADJ-VI-cum-Special Judge, POCSO, Sitamarhi in connection

                      with Sitamarhi P.S. Case No.54 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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