Patna High Court
Alam @ Mahbub AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners—Alam, Atabul Hussain and Saimful Khatun—feared arrest in a case (Kadwa PS Case No. 113 of 2026) involving offences under Sections 126(2), 115(2), 96, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The alleged crime was the kidnapping of a minor daughter of an informant by co‑accused Ajmat Ali and others. The petitioners argued that they are innocent, being only the brother, father and mother of the co‑accused, and that the victim’s statement recorded under Section 183 BNSS did not name them. The State opposed the bail application. Relying on the victim’s statement and the lack of any incriminating material against the petitioners, the Court granted anticipatory bail, directing them to surrender within eight weeks, furnish a bail bond of Rs 10,000 with two sureties each, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners who are not named in the victim’s statement.
- Whether familial relationship to a co‑accused suffices to sustain an accusation under the listed sections.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 183, 3(5), 351(2), 352, 96
Subjects
- anticipatory bail
- kidnapping
- false implication
- victim statement
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40409 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- KADWA District- Katihar
======================================================
1. Alam @ Mahbub Alam S/o- Atabul Hussain @ Ataur Rahman Resident of
Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. - Kadwa, District-
Katiha
2. Atabul Hussain @ Ataur Rahman S/o- Late Lukman Ali @ Lukaman
Resident of Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. -
Kadwa, District- Katiha
3. Saimful @ Saimful Khatun W/o- Atabul Hussain @ Ataur Rahman Resident
of Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. - Kadwa, District-
Katiha
... ... Petitioners/s
Versus
The State of Bihar
.. ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-06-2026 Heard learned counsels for the petitioners and
learned A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 96,
351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.
3. It is alleged that co-accused Ajmat Ali along with
two other accused persons kidnapped minor daughter of
informant.
4. Learned counsel appearing for the petitioners
submits that petitioners are innocent and have committed no
offence. Specific accusation of kidnapping is against co-accused
Patna High Court CR. MISC. No.40409 of 2026(2) dt.30-06-2026
2/2
Ajmat Ali and others and petitioners have been made accused in
this case merely because petitioner no. 1 is brother, petitioner
no. 2 is father and petitioner no. 3 is mother of co-accused
Ajmat Ali. During investigation, victim was recovered and in
her statement, recorded under Section 183 BNSS, she has not
named these petitioners nor alleged any wrong against them.
Petitioners claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 Chief Judicial
Magistrate, Katihar in connection with Kadwa P. S. Case No.
113 of 2026, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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