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Patna High Court

Samshul NeshaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioners' clean antecedent, lack of their names in the FIR, and the victim’s non‑supportive statement, anticipatory bail under Section 438(2) CrPC must be granted subject to strict conditions.

Summary

The petitioners, Samshul Nesha and Ali Akhatar, sought anticipatory bail fearing arrest in a kidnapping‑for‑marriage case (Darpa P.S. Case No.132 of 2025). The prosecution alleged that they participated in the kidnapping of an informant’s daughter, invoking Sections 137(2), 96 and 3(5) of the Bihar Narcotic (BNS) Act, 2023. The petitioners contended they have a clean antecedent, were not named in the FIR, and were identified only through CDR location; the victim’s statement under Section 183 of the BNSS, 2023 did not support the prosecution. The court examined these contentions and, applying Section 438(2) of the Criminal Procedure Code, granted anticipatory bail with a cash bond and several conditions, including cooperation with the trial and non‑tampering with evidence. The order directed that the bail bond be filed with the Chief Judicial Magistrate, East Champaran, and stipulated cancellation provisions for non‑compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438(2) CrPC in view of the allegations of kidnapping for marriage.
  • Whether the absence of the petitioners' names in the FIR and reliance on CDR location affect the grant of bail.
  • Whether the petitioners' clean antecedent and the victim’s non‑cooperation influence the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping for marriage
  • clean antecedent
  • FIR
  • Section 438 CrPC
  • bail conditions
  • victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3456 of 2026
                    Arising Out of PS. Case No.-132 Year-2025 Thana- DARPA District- East Champaran
                 ======================================================
           1.     Samshul Nesha W/o Abbash Miyan @ Abbash Ansari Resident of Village -
                  Belahiya, P.S - Darpa, District - East Champaran
           2.    Ali Akhatar @ Ali Akhatar Miyan S/o Abbash Miyan @ Abbash Ansari
                 Resident of Village - Belahiya, P.S - Darpa, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prateek Tandon, Advocate
                 For the Opposite Party/s :       Mr.Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-02-2026                  Heard Mr.Prateek Tandon, learned counsel for the

                   petitioners and Mr.Anish Chandra, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Darpa P.S. Case No.132 of 2025, dated

                   19.05.2025 registered for the offences punishable under

                   Sections 137(2),96,3(5) of BNS, 2023.

                                3. The prosecution case, in short, is that on

                   13.05.2025, accused persons including the petitioner are alleged

                   to have kidnapped the daughter (the victim) of the informant for

                   the purpose of her marriage.

                                4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.3456 of 2026(2) dt.17-02-2026
                                            2/3




          submits that the petitioners have clean antecedent. The

          allegation as alleged in the FIR is false and fabricated and the

          petitioners have not committed any offence as alleged in the

          FIR. Petitioners are not named in the FIR. Name of the

          petitioners has been transpired during investigation on the basis

          of CDR location and the victim girl has been recovered and her

          statement was recorded under Section 183 of BNSS, 2023 in

          which she has not supported the case of the prosecution.

                         5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid facts, petitioners have

          clean antecedent, petitioners are not named in the FIR, name of

          the petitioners has been transpired during investigation on the

          basis of CDR location and the victim has not supported the case

          of the prosecution, let the petitioners, above named, in the event

          of their arrest or surrender before the court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs.10,000 (Ten

          Thousand)each with two sureties of the like amount each to the

          satisfaction of learned C.J.M., East Champaran, Motihari in

          connection with Darpa P.S. Case No.132 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of
               Patna High Court CR. MISC. No.3456 of 2026(2) dt.17-02-2026
                                                           3/3




                         Criminal Procedure and with other following conditions:-

                                      (I) Petitioners 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 their absence on two consecutive dates without sufficient

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

                                      (II) If the petitioners tamper 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 petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners. 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)
Nitesh/-

U          T


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