Md. NaushadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 40509 of 2026
                      Arising Out of PS. Case No.-432 Year-2024 Thana- SAKRA District- Muzaffarpur
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                 Md. Naushad S/o Hakim Ansari R/o Village - Paharpur, PS - Sakra, District -
                 Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX Son of Late Babu Lal Sah Resident of Village- Paharpur, P.S- Sakara,
                 District- Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar, Adv.
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                      Heard learned, Advocate for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Sakra P.S. Case No. 432 of 2024, registered for the

                   offences punishable under Sections 137(2) and 96 of the BNS.

                                3. At the outset, learned Advocate for the State has

                   drawn the attention of this Court to the impugned order and

                   submitted that during the course of investigation, the petitioner

                   was granted regular bail vide order dated 24.12.2024 by the

                   Additional District and Sessions Judge- XI, Muzaffarpur till

                   completion of the investigation, and subsequently the charge

                   sheet was submitted under Sections 8 and 10 of the POCSO Act,
              Patna High Court CR. MISC. No. 40509 of 2026(2) dt.01-07-2026
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                        in addition to Section 96 of the BNS. Thereafter, cognizance

                        was taken on 09.09.2025. The record also shows that the

                        summon was issued for procuring attendance of the accused and

                        same was duly served, despite that the petitioner did not appear.

                        It is further submitted that in the aforesaid premise, the

                        anticipatory bail is not maintainable.

                                     4. Learned Advocate for the petitioner did not

                        confront the aforesaid factual position, however, he made

                        various other submissions.

                                     5. Considering the submissions advanced and the

                        materials available on record, especially the impugned order

                        which suggests that the petitioner was earlier granted regular

                        bail till the completion of investigation this Court does not find

                        any merit to entertain the anticipatory bail of the petitioner,

                        accordingly the same stands dismissed.

                                     6. However, the petitioner shall be at liberty to

                        approach before the Court below for grant of regular bail.



                                                    (Harish Kumar, J)
sumit/-

U         T