Patna High Court
MoharramversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PURNENDU SINGH
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
- BNS — s. 351(2), 351(3), 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 6
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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