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Patna High Court

Md. Tahsin Kausar @ Md. Tahsin @ Md. Tahsim Kaushar @ BahubaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Tahsin Kausar, was in custody since 13 March 2025 for alleged offences under the Bharatiya Nyay Sanhita, 2023, including sections relating to trafficking and exploitation. The prosecution alleged that he forced a woman into prostitution for money, but the victim’s statement, recorded under Section 183 BNSS, did not name the petitioner and she refused a medical examination. The petitioner argued he had a clean antecedent and that the FIR was fabricated. The court noted the absence of any incriminating statement by the victim and her refusal to undergo medical examination, and therefore found no substantive ground to deny bail. Consequently, the court ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyay Sanhita.
  • Whether the victim’s failure to name the petitioner and refusal of medical examination justify granting bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or concealing criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • prostitution
  • victim testimony
  • medical examination refusal
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50724 of 2025
                  Arising Out of PS. Case No.-123 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Md. Tahsin Kausar @ Md. Tahsin @ Md. Tahsim Kaushar @ Bahubali S/o-
                 Abdul Kaiyum R/o- Zitwarpur Chowk W.No-11, Ps- Samastipur Dist-
                 Samastipur                                         ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     XYZ (Minor) D/o- Suval Dev Sharma Raiganj Dist- Uttar Dinajpur West
                  Bengal
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Harsh Singh, Advocate
                 For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

7   23-03-2026                  Despite valid service of notice, no one appeared on

                   behalf of Opposite Party No.2

                                2. Heard Mr. Harsh Singh, learned counsel for the

                   petitioner as well as         Mr. Pawan Kumar Chaurasia, learned

                   Additional Public Prosecutor for the State.

                               3. Petitioner seeks bail who is in custody since

                   13.03.2025 in connection with Bahadurganj P.S. Case No. 123

                   of 2025, F.I.R. dated 11.03.2025 for the offences punishable

                   under Sections 140(3), 140(4), 143(2), 143(4), 144(1), 137(2),

                   87, 96, 127(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.

                               4. According to prosecution case, it is alleged that the

                   petitioner dragged the informant in prostitution for money.

                               5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.50724 of 2025(7) dt.23-03-2026
                                            2/3




          petitioner has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offences as alleged in the

          F.I.R. From bare perusal of the FIR it appears the the informant

          has put the entire blame of being forced into illitict work on her

          bhabhi and bhabhi’s husband but she has not stated name of her

          bhabhi and the statement of the victim was recorded under

          Section 183 BNSS in which she has not stated anything about

          the petitioner and apart from that it is recorded in paragraph-34

          of the case diary that the victim has refused for her medical

          examination. He further submits that the police after

          investigation submitted the charge sheet against the petitioner

          and the petitioner is in custody since 13.03.2025.

                      6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       7. Considering the aforesaid facts and circumstances

          and the fact that victim has not stated anything about the

          petitioner and she has refused for her medical examination, let

          the petitioner, above named, 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 the learned Exclusive
            Patna High Court CR. MISC. No.50724 of 2025(7) dt.23-03-2026
                                                        3/3




                      Special Judge (POCSO), Kishanganj in connection with

                      Bahadurganj P.S. Case No. 123 of 2025, subject to the following

                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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