Patna High Court
Saffiullah @ Shafiullah @ SafiullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail as he is not named in the FIR, the victim’s statement does not implicate him, and he has a clean antecedent, subject to conditions.
Summary
The petitioner applied for regular bail in connection with offences under Sections 140(3) and 3(5) of the BNS Act, alleged to involve the abduction of a minor. The FIR named four accused, but the petitioner’s name does not appear in it, and the victim’s statement under Section 183 of the BNSS only mentions that the petitioner received the child from the railway station, without any allegation of wrongdoing. The petitioner has been in custody since 26‑03‑2025 and possesses a clean antecedent. The court examined whether the absence of a direct accusation against the petitioner and his clean record justified granting bail despite the serious nature of the charges. Considering these facts, the court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 and two sureties, and imposed conditions of cooperation with the trial. The order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under Sections 140(3) and 3(5) of the BNS Act.
- Whether the petitioner’s non‑inclusion in the FIR and the victim’s statement under Section 183 of the BNSS preclude denial of bail.
Legislation cited
Subjects
- regular bail
- BNS Act
- POCSO Act
- minor abduction
- FIR
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64329 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- SHIKARGANJ District- East Champaran
======================================================
Saffiullah @ Shafiullah @ Safiullah S/O Ushllan Ansari @ Uslain Ansari @
Uslan Ansari R/O village - Bagaha @ Bagaha Sonbarsa, P.S. - Kanaulle @
Kanauli @ Kanhauli, Dist. - Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. Rekha Devi W/O Jagdish Mahto R/o Vill.- Kathmalia @ Kathmaliya, P.S.-
Shikarganj, Dist.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 21-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 140(3)
and 3(5) of the BNS registered in connection with Shikarganj
P.S.Case No. 80/2025.
3. As per allegation, the accused persons lured and
abducted the minor daughter of the informant for ulterior
motives. It is alleged that the petitioner is also instrumental in
this misadventure.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
Four persons have specifically been named in the FIR, but the
Patna High Court CR. MISC. No.64329 of 2025(5) dt.21-01-2026
2/2
petitioner is not named therein. In her statement under Section
183 of the BNSS, the victim did not level allegation against the
petitioner, except that the petitioner received her from the
railway station. The petitioner is in custody since 26.03.2025
and is a person of clean antecedents.
5. Considering the above facts and circumstances, 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 learned 6 th District and
Additional Sessions Judge-cum-Exclusive Special Judge,
POCSO Act, East Champaran, Motihari in connection with
Shikarganj P.S.Case No. 80/2025, subject to the conditions that
the petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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