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Patna High Court

Bhaijan @ Md. Salim HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, directing release on bail bond with conditions.

Summary

The petitioner, Bhaijan @ Md. Salim Hussain, applied for anticipatory bail after an FIR was lodged alleging offences under the IPC, POCSO Act and SC/ST Act, claiming he was falsely implicated by a neighbour over a property dispute. The informant alleged that her 16‑year‑old daughter was abducted by the petitioner and another person late at night. The petitioner argued that the victim could not have been outside at that hour and that the allegations were motivated by the dispute. The State and the informant opposed the bail, citing the seriousness of the charges. The Court, after considering the submissions, directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to surrender within six weeks and conditions under Section 482(2) of the CrPC. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving multiple serious offences under the IPC, POCSO Act and SC/ST Act.
  • Whether there is a prima facie case against the petitioner sufficient to deny bail.
  • Whether the petitioner is likely to abscond or tamper with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • IPC offences
  • POCSO Act
  • SC/ST Act
  • bail conditions
  • neighbor dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39950 of 2026
                     Arising Out of PS. Case No.-138 Year-2026 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Bhaijan @ Md. Salim Hussain S/o Mansur Miyan R/o Village - Mirganj,
                 Ward No. 6, P.S. - Mirganj, District - Gopalganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X Wife of Y R/o Village - Mirganj Ward no. 6, P.S. - Mirganj, Dist. -
                 Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Kumar Singh
                 For the Opposite Party/s :       Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 127(2), 115(2), 74, 352, 351(2) and 3(5) of the

                   Indian Penal Code, Sections 8 and 10 of the POCSO Act and

                   Sections 3(1)(r)(s),3(w) and 3(2)(v) of the SC/ST Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that her daughter aged about 16 years on

                   04.03.2026 at 11.00 P.M. had gone near her house to change
Patna High Court CR. MISC. No.39950 of 2026(2) dt.30-06-2026
                                            2/3




          clothes when Meraj and petitioner caught her hand and started

          taking her towards the house, on alarm they fled.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is also submitted that petitioner and informant are

          neighbours and are having dispute relating to passage. It is next

          submitted that it does not appear probable that victim at 11.00

          P.M. in the night would have gone outside her house to change

          her clothes when the occurrence is alleged to have taken place.

          It is reiterated and submitted that petitioner has been falsely

          implicated in the instant case. It is further submitted that if

          privilege of anticipatory bail is granted, the petitioner will not

          abscond rather will cooperate in the investigation to prove his

          innocence. It is also submitted that petitioner is not a criminal.

                       5. Learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant opposes the anticipatory

          bail application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
               Patna High Court CR. MISC. No.39950 of 2026(2) dt.30-06-2026
                                                           3/3




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

                         satisfaction of the learned Trial Court where the case is

                         pending/successor Court in connection with Mirganj P. S. Case

                         No.138 of 2026, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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