Patna High Court
Raja Babu Alam @ Rajababu AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail may be granted subject to a bond, sureties, and conditions of appearance.
Summary
Petitioner Raja Babu Alam was arrested in connection with a case alleging abduction and rape of a minor, charged under several sections of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. He pleaded innocence, claiming false implication and highlighting his clean antecedents and six months of custody. The State opposed his bail application. The court considered the seriousness of the offences, the petitioner’s background, and the length of custody, and decided to grant regular bail on a bond of Rs.10,000 with two sureties, subject to his cooperation and appearance at every court date until charge framing. The order emphasizes the petitioner’s obligation to appear as required.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bihar Narcotic Substances Act and POCSO Act.
- Whether the nature of the alleged offences and the petitioner’s custody period preclude the grant of bail.
- Whether the petitioner’s clean antecedents justify the release on bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 238(a), 61(2)(a), 65(2), 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- regular bail
- POCSO
- sexual offences
- minor
- Bihar Narcotic Substances Act
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62916 of 2025
Arising Out of PS. Case No.-437 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Raja Babu Alam @ Rajababu Alam S/O Saimullah Miyan @ Semulah Ali
R/O Vill.- Gora Semra, Ward No.- 14, Panchayat Lal Saraiya, P.S.-
Majhauliya, District- West Champaran ... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Nasruddin Ansari R/O Vill.- Gora Semra, Ward No.- 14, Panchayat
Lal Saraiya, P.S.- Majhauliya, District- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the State : Mr. Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Majhauliya P.S. Case No. 437 of 2025, registered for
the offences punishable under Sections 65(2), 70(2), 238(a), 61(2)(a)
of BNS and Sections 4 and 6 of POCSO Act.
3. As per the prosecution case, on 07.07.2025, the
informant’s minor daughter was abducted by the accused persons
including the petitioner and the petitioner is said to have committed
rape upon her.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
present case. He has further submitted that name of the panches has
been mentioned in the FIR itself before whom, the Panchayati had
Patna High Court CR. MISC. No.62916 of 2025(5) dt.05-01-2026
2/2
taken place. The impugned order itself shows that the panches
inflicted a fine of Rs. 50,000/- upon the informant for her
involvement in the illicit trafficking of her daughter. It has further
been submitted that the petitioner is a person of clean antecedent and
is in custody since 10.07.2025 i.e. for near about six months.
5. On the other hand, learned APP for the State opposed
the prayer for bail of the petitioner.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned District and Additional
Sessions Judge-6th-cum-Special Judge, POCSO, Bettiah, West
Champaran in connection with Majhauliya P.S. Case No. 437 of
2025, subject to the condition that the petitioner shall cooperate in
the disposal of trial and make himself available as and when required
by the court.
7. It is made clear that the petitioner shall appear in
the learned Court below on each and every date fixed in the case
till framing of charge.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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