Patna High Court
Md. Sohal @ Md. Sahel @ Md. ShahilversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Md. Sohal, was arrested on 24 September 2025 in connection with a kidnapping and alleged human‑trafficking case (Bhawanipur P.S. Case No. 102 of 2025) under Sections 137(2), 140(1) and 96 of the Bihar Negotiable Substances Act (BNS). The prosecution alleged that the petitioner, along with his family, abducted the complainant’s minor daughter, Garima Gaurav, and stole jewellery and cash worth Rs. 3,75,000. The petitioner claimed he had a clean antecedent, denied any involvement, and asserted that the FIR was fabricated. The State relied on the victim’s statement recorded under Section 183 of the Bihar Narcotic Substances (Suppression) Act (BNSS) and a medical report indicating the victim was a minor at the time of the alleged offence. After hearing both sides, the Court found the prosecution’s evidence credible and was not persuaded by the petitioner’s claims, consequently refusing bail. The petition for bail was therefore dismissed.
Issues considered
- Whether the petitioner is entitled to bail in a case involving alleged kidnapping of a minor and theft under Sections 137(2), 140(1) and 96 of BNS.
- Whether the victim’s statement under Section 183 BNSS and the medical report establish sufficient grounds to deny bail.
- Whether the petitioner’s claim of a fabricated FIR and clean antecedent is sufficient to merit bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act (BNSS) — s. 183
- Bihar Negotiable Substances Act (BNS) — s. 137(2), 140(1), 96
Subjects
- bail
- kidnapping
- human trafficking
- minor victim
- Section 183
- BNS
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30720 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- Bhawanipur District- Bhagalpur
======================================================
Md. Sohal @ Md. Sahel @ Md. Shahil S/o Md. Iliyas R/o Village -
Bihpur(Behind B.M.C Urdu School), P.s. - Bihpur, Dist. - Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rupam Kumari D/o Bipin Bihar Pandit R/o Village - Bihpur(Behind B.M.C
Urdu School), P.s. - Bihpur, Dist. - Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.09.2025 in connection with Bhawanipur P.S. Case No. 102 of
2025 for the offences punishable under Sections 137(2), 140(1)
and 96 of BNS.
3. The case of the prosecution, in brief, is that Rupam
Kumari, daughter of Bipin Bihari Pandit gave a written
application on 23.05.2025 to the SHO of Bhawanipur Police
Station alleging therein inter alia that she is residing at Birbanna
Deohari as renter for purpose of reading her children. It has
been further alleged that on 18.05.2025 at 06.00 A.M. her
Patna High Court CR. MISC. No.30720 of 2026(2) dt.06-05-2026
2/3
daughter Garima Gaurav left home for coaching but she has not
return back then from mobile No. 7208685214 call her and
asked his name Md. Sohel then mobile was switch off again on
19.05.2025 from the same mobile number call was come and
asked her that her daughter Garima Gaurav was in his custody
then she remember that since last one year Md. Sohel was
teasing her daughter in way of coaching and when she
complained to his parent then his parents ask for forgiveness
then she has full faith that her daughter Garima Gaurav was
kidnapped for human traffic king due to which social tension
raised between Hindu and Muslims. It has been further alleged
that Md. Sohel with his entire family members with conspiracy
kidnapped her daughter and when after going to her daughter
when she searched her home then found that her daughter had
taken away her jewellery and cash of Rs. 3,75,000/-.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR.
5. The learned Additional Public Prosecutor for the
Patna High Court CR. MISC. No.30720 of 2026(2) dt.06-05-2026
3/3
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that the victim in her statement
recorded under Section 183 of BNSS has fully supported the
case of the prosecution. Apart from that the medical report of
the victim also suggests that the petitioner has committed wrong
with her and the date of birth of victim is 19.06.2012 which
suggests that on the date of occurrence the victim was minor.
7. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Bhawanipur P.S. Case No. 102 of 2025 pending
in the court of learned District & Additional Sessions Judge III,
Naugachia, Bhagalpur.
8. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.