Patna High Court
Md. SabirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
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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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