Patna High Court

Shaikh Samshul @ Samasul SaikhversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is denied because the nature of the accusation and the petitioner’s criminal antecedents warrant refusal.

Summary

Shaikh Samshul, the petitioner, sought anticipatory bail in a case registered under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita for allegedly kidnapping the minor daughter of an informant. The petitioner has nine prior criminal convictions. The petitioner’s counsel argued that he is innocent and should be released on bail. The court examined the seriousness of the kidnapping allegation and the petitioner’s extensive criminal antecedents. Considering these factors, the court concluded that granting bail would be inappropriate. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita given the nature of the kidnapping allegation and his multiple prior convictions

Legislation cited

Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 87

Subjects

anticipatory bail
kidnapping
criminal antecedents
Bharatiya Nyaya Sanhita
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4233 of 2026
                     Arising Out of PS. Case No.-131 Year-2025 Thana- SIKTA District- West Champaran
                  ======================================================
                  Shaikh Samshul @ Samasul Saikh S/o Late Rashid Shaikh R/o Village-
                  Jhumka, Police station- Sikta, District- West Champaran

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Brij Kishor Mishra, Advocate
                  For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
                  For the Informant        :       Mr. Aditya Nath Jha, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    19-02-2026                   Heard learned counsel for the petitioner, informant
                    and the State.
                                 2. Petitioner apprehends arrest in Sikta P. S. Case No.
                    131 of 2025 registered for the offences punishable under
                    Sections 137(2), 87, 3(5) of the Bharatiya Nyaya Sanhita.
                                 3. It is alleged that this petitioner along with other
                    F.I.R. named accused persons kidnapped minor daughter of the
                    informant. Petitioner has got nine criminal antecedents.
                                 4. Learned counsel for the petitioner submits that
                    petitioner is innocent and has committed no offence.
                                 5. Considering the nature of accusation and criminal
                    antecedents, prayer for anticipatory bail of the petitioner is
                    refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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