Patna High Court
Md. Jabbar @ Md. ZabbarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
In view of the lack of material evidence linking the petitioners to the alleged offences and the victim’s statement not naming them, bail was granted subject to conditions under Section 438(2) CrPC/Section 482(2) BNSS.
Summary
The High Court heard bail applications of Md. Abbas and Md. Jabbar, accused in a police‑station case involving alleged offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Immoral Traffic (Prevention) Act, 1956. The FIR was based on a police officer’s statement that a girl had been forced into flesh‑trade, and the petitioners' names appeared in the FIR, but the victim’s statement recorded under Section 183 BNSS did not name them and no girl or illicit material was recovered from their premises. The State opposed bail, while the petitioners argued the lack of direct evidence and independent witnesses. Considering the absence of material linking the petitioners to the crime, the court granted bail with a bond of Rs 10,000 each, two sureties, and conditions under Section 438(2) CrPC/Section 482(2) BNSS, including a family member as bailor and cooperation with the investigation. The order was pronounced by Justice Soni Shrivastava.
Issues considered
- The adequacy of evidence linking the petitioners to the alleged flesh‑trade offences under BNSS and ITPA for the purpose of bail.
- Whether the absence of the petitioners' names in the victim's statement and lack of recovered material justify granting bail.
- The applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting bail in such offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 111, 115(2), 124(1), 3(5), 438(2), 482(2), 70(1), 98, 99
- Code of Criminal Procedure, 1973 — s. 438(2)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
Subjects
- bail
- immoral traffic
- BNSS
- FIR
- evidence
- section 438
- section 482
- conditions of bail
- forcible flesh trade
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69182 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Md. Abbas S/o- Dular Khalifa Resident of village- Rampur north Police
station- Forbesganj District-Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 68454 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Md. Jabbar @ Md. Zabbar Son of Dhotar Khalifa Resident of village -
Referral Road, Ward No.- 03, P.S.- Forbesganj, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 69182 of 2025)
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 68454 of 2025)
For the Petitioner/s : Mr. Ramesh Kumar Singh
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 21-01-2026 As both these bail applications arise out of the same
police station case number, hence, with consent of parties, they
are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P.
for the State.
3. The petitioners apprehend their arrest in a case registered for
Patna High Court CR. MISC. No.69182 of 2025(5) dt.21-01-2026
2/4
the offences punishable under Sections 111, 98, 99, 70 (1), 115
(2), 109, 124 (1), 3(5) of the B.N.S. and Sections 3/4/5/6 of the
Immoral Traffic (Prevention) Act, 1956.
4. The allegation in the first information report is based on the
statement of S.H.O. that a girl had been subjected to forcible
flesh trade by the accused persons including the present
petitioners.
5. It is submitted by learned counsel for the petitioners that it
would be apparent from the first information report itself that
the victim girl who was recovered by the police personnel
during the course of patrolling, stated that she had been sold
and confined at certain places and the police raided the place. It
is further submitted that the police got information from the
brother of the victim who informed the police with regard to
whereabouts of the victim girl, whereafter a raid was conducted
at the house of one Fuchka and the girl was recovered from the
said place. However, the names of the petitioners have figured
in the First Information Report generally among the persons
who are involved in flesh trade. It is further submitted that
upon such information, a raid was conducted at the house of
the petitioners also, however neither any girl was recovered nor
any objectionable material/article was recovered and, that too,
Patna High Court CR. MISC. No.69182 of 2025(5) dt.21-01-2026
3/4
was done in absence of any independent witnesses. Further, it
would also appear from the statement of the victim girl
recorded under Section 183 BNSS that the names of the
petitioners does not figure in her statement, although she has
supported the allegation that she was being subjected to flesh
trade.
6. Learned APP for the State opposed the prayer for bail.
7. Taking into consideration the facts and circumstances of the
case and also considering the fact that the names of the
petitioners has not been disclosed in the statement of the victim
recorded under Section 183 BNSS, coupled with the fact that
neither any girl nor any objectionable material was recovered
from the house of the petitioners, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned lower Court where
the case is pending/successor Court in connection with
Forbesganj P.S. Case No.218 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to
Patna High Court CR. MISC. No.69182 of 2025(5) dt.21-01-2026
4/4
further conditions that
(i) One of the bailors would be the family member/close relative
of the petitioners.
(ii) The petitioners would make themselves available before the
Investigating Officer as and when required and in case of non-
cooperation in the investigation/trial, the prosecution would be
at liberty to file an application for cancellation of bail bonds of
the petitioners.
(Soni Shrivastava, J)
Trivedi/-
U T
Checking your session…