Patna High Court
Majhar Alam @ Majahar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond of Rs.10,000, two sureties and conditions of cooperation with the trial.
Summary
Majhar Alam was arrested in connection with the disappearance of a 15‑year‑old girl and charged under Sections 137(2) and 140(3) of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution alleged that the girl went missing after feeding a cow and that Dulari Devi was aware of the facts, while the defence argued that the petitioner was falsely implicated and that the victim’s statement indicating a consensual relationship was later retracted under parental pressure. The petitioner had been in custody since 7 March 2025 and sought regular bail. The court considered the seriousness of the offences, the period of incarceration, and the circumstances of the case, and decided to grant bail on condition of a Rs.10,000 bond with two sureties and the petitioner’s cooperation with the trial. The order directed the lower court to release the petitioner upon furnishing the bail bond and complying with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bihar Narcotic Substances Act, 2023 and the POCSO Act
- Whether the period of incarceration and the evidentiary material justify the grant of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 140(3)
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- regular bail
- bail petition
- Bihar Narcotic Substances Act
- POCSO Act
- missing minor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60819 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- SIRISIYA District- West Champaran
======================================================
Majhar Alam @ Majahar Alam S/o- Samim Miyan @ Samin Miyan R/o -
Deurawa, P.S - Bhairoganj, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shesnath Mahto S/o- Late Bhagelu Mahto Village- Patkhouli Sirisiya Ps-
Sirisiya Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Milind Kumar Mishra
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 02-02-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Sirisiya P.S. Case No. 5 of 2025, registered for the offences
punishable under Sections 137(2), 140(3) of the BNS, 2023 and
Sections 4 and 6 of the POCSO Act.
3. As per prosecution case, on 27.12.2024 at about
05:00 P.M., the informant’s daughter aged about 15 years,
returned home after working in the field and thereafter went to
feed the cow, but did not return. On the informant’s return, she
was found missing and despite search and inquiry, her
whereabouts could not be traced. It is further alleged that the
informant later developed suspicion against one Dulari Devi of
Patna High Court CR. MISC. No.60819 of 2025(6) dt.02-02-2026
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the same village, alleging that her daughter had earlier talked
with the victim on a mobile phone and that Dulari Devi was
aware of facts relating to the victim’s disappearance.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the victim, in her
statement contained in paragraph no. 101 of the case diary,
stated that she had love and affection with the petitioner and she
went with the petitioner with her own sweet will. She retracted
from her version under pressure from her parents. The petitioner
has been in custody since 07.03.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, especially the period of incarceration, let the
petitioner above-named, is directed to furnish bail bond and on
doing so, the court below shall release the petitioner on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the
like amount each to the satisfaction of learned Special Judge
POCSO-cum-DASJ-VI, Wast Champaran, Bettiah/concerned
Court in connection with Sirisiya P.S. Case No. 5 of 2025,
subject to the following conditions that the petitioner shall
Patna High Court CR. MISC. No.60819 of 2025(6) dt.02-02-2026
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cooperate in the disposal of trial and make himself available
as and when required by the court.
7. The petitioner shall cooperate in the disposal of
trial and make himself available on each and every date till
conclusion of the trial.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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