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Patna High Court

Md. SabirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Md. Sabir, was charged under Sections 103(1) and 309(6) of the B.N.S. and Section 27 of the Arms Act for allegedly kidnapping the minor daughter of an informant along with other accused. The petitioner contended that the victim did not support the allegations and that a compromise petition had been filed in the lower court. He also highlighted his clean antecedent and that he had been in custody since 25-01-2024. The State opposed the bail application, arguing the seriousness of the offences. Considering the compromise, the victim's non‑cooperation, and the petitioner's background, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to attendance conditions.

Issues considered

  • Whether bail can be granted in a kidnapping case involving offences under the B.N.S. and the Arms Act
  • Whether the filing of a compromise petition and the victim's lack of support affect the bail decision
  • Whether the petitioner's clean antecedent and period of incarceration justify bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • compromise petition
  • Arms Act
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41623 of 2025
                        Arising Out of PS. Case No.-477 Year-2024 Thana- BANKA District- Banka
                 ======================================================
                 Md. Sabir S/o- Gulam Mohammad Village- Khaihara Ps- Barahat Dist- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md.Najmul Hodda
                 For the Opposite Party/s :       Mr.Anant Kumar 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   05-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-103(1) & 309(6) of B.N.S.

                   and 27 of the Arms Act.

                                3. It is alleged that the informant’s minor daughter

                   was kidnapped by the petitioner along with other accused

                   persons.

                                4. It has been submitted on behalf of the petitioner

                   that the victim has not supported the occurrence. Learned

                   counsel for the petitioner has submitted that the parties have

                   compromised the case and a compromise petition to this effect

                   has been filed in the court below. It has also been submitted that

                   the petitioner is under incarceration since 25-01-2024. The
            Patna High Court CR. MISC. No.41623 of 2025(6) dt.05-01-2026
                                                        2/2




                      petitioner is a man of clean antecedent.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances,

                      let the petitioner named above, 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 learned District &

                      Additional Sessions Judge-III, Banka in connection with

                      Sessions Trial No. 82 of 2025 arising out of Banka P.S. Case

                      No. 477 of 2024 with condition that the petitioner will appear

                      in the court below on each and every date fixed in the case

                      and if, he fails to do so on two consecutive dates unless he is

                      prevented by extremely adverse circumstances, the learned

                      court below shall be at liberty to cancel the bail bonds of the

                      petitioner.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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