Patna High Court
Md. Tahsin Kausar @ Md. Tahsin @ Md. Tahsim Kaushar @ BahubaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 127(2), 137(2), 140(3), 140(4), 143(2), 143(4), 144(1), 183, 3(5), 87, 96
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
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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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