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Patna High Court

Md. Mister @ Md. JavedversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Md. Javed, was arrested in connection with a kidnapping case (PS case No.118 of 2025) alleged under several sections of the Bharatiya Nyaya Sanhita and Section 4 of the POCSO Act. The prosecution alleged that the accused kidnapped the informant’s daughter. The petitioner contended that he was falsely implicated and was not present at the scene. The victim’s statement recorded under Section 183 of the BNSS indicated that she made no allegation against the petitioner. Considering the lack of any accusation by the victim and the petitioner's claim of innocence, the Court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita and the POCSO Act
  • Whether the absence of any allegation by the victim against the petitioner warrants the grant of bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • false implication
  • victim non‑allegation
  • BNSS
  • POCSO
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.284 of 2026
                  Arising Out of PS. Case No.-118 Year-2025 Thana- ANDHRAMATH District- Madhubani
                 ======================================================
                 Md. Mister @ Md. Javed S/O Jahebul R/O Village- Dharhara, P.S-
                 Andhramath , Distt.- Madhubani.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXX Kumari D/O Prem Kumar Mandal R/O Village- Neor, Panchayat-
                 Jiroga, Ward No.11, P.S- Andramath, Distt.- Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Ratnakar Jha, Advocate
                 For the State          :        Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   25-03-2026                   Heard learned counsel for the petitioner; learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with

                   Andramath P.S. Case No. 118 of 2025 registered for the offence

                   punishable under Sections 140(3), 96, 315, 64, 352, 351(2) and

                   3(5) of the Bharatiya Nyaya Sanhita and Section 4 of the

                   POCSO Act.

                                 3. As per the prosecution case, the accused persons

                   had kidnapped the daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case and the petitioner was not even present on the spot.
           Patna High Court CR. MISC. No.284 of 2026(4) dt.25-03-2026
                                                       2/2




                                  5. The petitioner is in custody since 28.07.2025.

                                  6. Learned APP appearing for the State and learned

                     counsel for the informant have vehemently oppposed the prayer

                     for regular bail of the petitioner.

                                  7. From the statement of the victim recorded under

                     Section 183 of the BNSS, it appears that she has not made any

                     allegation against the petitioner.

                                  8. Considering the submissions of learned counsel for

                     the petitioner and the fact that the victim girl has not made any

                     allegation against the petitioner, this application is allowed.

                                  9. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

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

                     Addtiional Sessions Judge- VIIth-cum-Special Judge, POCSO,

                     Madhubani/ concerned Court in connection with Andramath P.S.

                     Case No. 118 of2025.


                                                                        (Sandeep Kumar, J)

P. Kumar

U     T


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