Patna High Court
Khursid Anwar @ Jawed ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond, sureties and conditions under CrPC Section 438(2) and BNSS Section 482.
Summary
The petitioner, Khursid Anwar (also known as Jawed Chaudhary), sought anticipatory bail fearing arrest in Mahila Police Station Case No. 19 of 2026, which alleged offences under IPC sections 341, 323, 376, 506, 34 and POCSO Act sections 4 and 8. The prosecution alleged that Faiz Azam and another individual sexually assaulted the victim, and that the petitioner, as Faiz Azam's father, threatened the victim. The petitioner contended that he was falsely implicated despite having four prior criminal antecedents. The State opposed the bail on the ground of the serious nature of the allegations and the delay in filing the FIR. The Court, after considering the nature of the allegations and the delay, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The order was made subject to the petitioner surrendering before the Special Court of the POCSO Act‑cum‑District and Additional Sessions Judge within four weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner given the serious nature of the alleged offences and the delay in lodging the FIR?
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 323, 34, 341, 376, 506
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- anticipatory bail
- sexual assault
- POCSO Act
- false implication
- bail conditions
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38241 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- MAHILA P.S. District- Bhojpur
======================================================
Khursid Anwar @ Jawed Chaudhary Son of Late Hasan Imam @ Late Md.
Aari Imam @ Late Ali Imam Resident of Mohalla- Chaudhriyana, Tari
Mohalla, P.S.- Ara Town, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Miss X D/o- Md. Shamshad Resident of Mohalla- Chaudhriyana, P.S.- Ara
Town, District- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjani Kumar, Advocate
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahila P.S. Case No. 19 of 2026 registered for
the offence under Sections 341, 323, 376, 506 and 34 of Indian
Penal Code and Sections 4 and 8 of POCSO Act.
3. As per the prosecution case, Faiz Azam @
Sikandar and one Sahid are said to have sexually assaulted the
victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that petitioner
Patna High Court CR. MISC. No.38241 of 2026(2) dt.16-06-2026
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is the father of Faiz Azam and he is said to have threatened the
victim. Petitioner has four criminal antecedents.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the nature of the allegations levelled
against the petitioner and the delay in lodging the FIR, this
application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Court of POCSO Act-cum- District and Additional
Session Judge-VI, Bhojpur at Ara/ concerned Court below in
connection with Mahila P.S. Case No. 19 of 2026, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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