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Patna High Court

Shahnawaj Darji @ Sahanbaj Dargi @ Mh. Sahanwaj @ Sahanwaj Darji @ Md. Shahnawaj DarjiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Pre‑arrest bail was denied; the bail application was dismissed.

Summary

The petitioner, Shahnawaj Darji, a 20‑year‑old, was charged in a kidnapping case involving the minor daughter of an informant, alleged to have been abducted for sale in the flesh trade. The FIR named him under IPC sections 363, 366(A) and 34, and the State highlighted his prior criminal antecedent under the POCSO Act. The petitioner sought pre‑arrest bail, claiming innocence, while the State and the informant’s counsel opposed, emphasizing the seriousness of the offence and his past record. The Court examined the victim’s statement under Section 164 CrPC and noted the petitioner’s alleged role and prior POCSO case, concluding that bail could not be granted. Consequently, the Court directed the petitioner to surrender before the District Court for a regular bail application and dismissed the pre‑arrest bail petition.

Issues considered

  • Whether pre‑arrest bail should be granted to an accused of kidnapping a minor under IPC sections 363, 366(A) and 34, considering a prior POCSO conviction.
  • Whether the petitioner’s alleged participation in the kidnapping warrants denial of bail.
  • Whether surrender and a regular bail application is the appropriate procedure in such circumstances.

Legislation cited

Subjects

  • pre‑arrest bail
  • kidnapping
  • minor
  • POCSO
  • IPC
  • bail denial
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60932 of 2025
                   Arising Out of PS. Case No.-402 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Shahnawaj Darji @ Sahanbaj Dargi @ Mh. Sahanwaj @ Sahanwaj Darji @
                 Md. Shahnawaj Darji, aged about 20 years, Son of Md. Ansari Darji @
                 Ansari Darji R/o Village- Baligarh, P.S.- Runnisaidpur, District- Sitamarhi.
                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Diwakar, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Singh, APP
                 For the informant        :       Mr. Sita Ram Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

                                                  ORAL ORDER

3   11-02-2026                     Heard Mr. Diwakar, learned counsel appearing on

                   behalf of the petitioner and Mr. Rajendra Singh, learned APP for

                   the State and Mr. Sita Ram Prasad, learned counsel for the

                   informant.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Runnisaidpur P.S. Case No. 402 of 2023 registered for the

                   offence(s) punishable under Sections 363,366(A),34, of the IPC.

                                3. As per the allegation made in the FIR, accused

                   persons named therein including the petitioner are said to have

                   kidnapped the minor daughter of the informant with wrongful

                   intent to sell her.
Patna High Court CR. MISC. No.60932 of 2025(3) dt.11-02-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. Petitioner has one criminal

          antecedent, in which he is on bail.

                       5. Learned counsel appearing on behalf of          the

          informant and learned APP for the State vehemently opposed

          the prayer for grant of pre-arrest bail. He submitted that

          petitioner has one criminal antecedent and too under POCSO

          Act. The role of the petitioner in the alleged offence cannot be

          denied and as such, petitioner don’t deserve to be released on

          pre-arrest bail.

                       6. I have perused the statement of the victim recorded

          under Section 164 Cr.P.C. corresponding to Section 183 BNSS,

          The petitioner is aged about 20 years and allegation against him

          is that he kidnapped the victim with the intention of selling her

          and compelling her into the illicit flesh trade. It is also clear

          from the allegation that the petitioner is of another religion and

          statement of the victim reveals that she was never in relationship

          with the petitioner. Petitioner has one criminal antecedent under

          POCSO Act. In view of above, I am not inclined to grant pre-

          arrest bail to the petitioner.

                       7. However, the petitioner, if so advised, may
           Patna High Court CR. MISC. No.60932 of 2025(3) dt.11-02-2026
                                                       3/3




                     surrender before the learned District Court and seek regular bail,

                     who has just emerged as an adult. In that case, the learned

                     District Court is directed to consider the bail application of the

                     petitioner giving due regard to the observation made in the case

                     of Vijayalakshmi & Anr. vs. State Rep. by the Inspector of

                     Police & Anr. reported in (2021) SCC OnLine Mad 317 by

                     Madras High Court, preferably on the same day on the basis of

                     materials collected in course of investigation.

                                  8. The bail application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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