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Patna High Court

MoharramversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied pre‑arrest bail, dismissing the application.

Summary

The petitioner, Moharram, applied for pre‑arrest bail in connection with a FIR (Tarabari P.S. Case No. 33 of 2025) alleging offences under Sections 65(1), 351(2), 351(3) of the BNS and Section 6 of the POCSO Act. The informant and the State of Bihar opposed the bail. The court examined the seriousness of the allegations and the material gathered during investigation. Considering the nature of the accusations and the evidential material, the judge was not persuaded to grant bail. Consequently, the bail application was dismissed, leaving the petitioner in custody pending trial.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail for offences under Sections 65(1), 351(2), 351(3) of the BNS and Section 6 of the POCSO Act

Legislation cited

Subjects

  • pre‑arrest bail
  • criminal procedure
  • POCSO Act
  • BNS
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44675 of 2025
                        Arising Out of PS. Case No.-33 Year-2025 Thana- TARABARI District- Araria
                 ======================================================
                 Moharram son of Late Khan @ Khanu Mian village- Shahasmal Balwat,
                 Ward No. 9, ps- Tarabari, Dist- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Informant Daughter of Imtiyaz village- Shahasmal Balwat, Ward No. 9, ps-
                 Tarabari, Dist- Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Md. Ziaul Quamar, Advocate
                 For the Informant         :       Mr. Sanjay Sinha, Advocate
                 For the State             :       Mr. Prem Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   21-01-2026                          Heard Mr. Md. Ziaul Quamar, learned counsel

                   appearing on behalf of the petitioner; Mr. Sanjay Sinha, learned

                   counsel appearing on behalf of the informant and Mr. Prem

                   Kumar Jha, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Tarabari P.S. Case No. 33 of 2025, registered for the

                   offence punishable under Sections 65(1), 351(2), 351(3) of the

                   BNS and Section 6 of the POCSO Act.

                                 3. Considering the nature of allegation made in the

                   FIR against the petitioner, as well as, the evidence, which has

                   come in course of investigation, I am not inclined to enlarge the

                   petitioner on pre-arrest bail.
              Patna High Court CR. MISC. No.44675 of 2025(5) dt.21-01-2026
                                                          2/2




                                     4. Accordingly, the present bail application stands

                        dismissed.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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