Patna High Court
Md. AbbasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners, subject to monetary and procedural conditions.
Summary
The petitioners, Md Abbas and Md Jabbar, were implicated in a police case (PS No 218/2025, Forbesganj) alleging involvement in flesh‑trade offences under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Immoral Traffic (Prevention) Act, 1956. The FIR was based on the statement of a Sub‑Inspector who said a girl had been sold and confined, and the police recovered the victim after a raid prompted by information from her brother. The petitioners argued that their names did not appear in the victim’s statement recorded under Section 183 BNSS, and that no girl or illicit material was found at their premises during the raid. The State opposed bail, contending the seriousness of the alleged offences. Considering the lack of direct evidence linking the petitioners to the victim’s testimony and the absence of material seized from their homes, the Court granted bail subject to a cash bond, sureties, a family‑member bailor, and conditions of cooperation with the investigation.
Issues considered
- Whether bail should be granted to the accused under the BNSS and ITPA offences given the evidentiary material in the FIR.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 111, 115(2), 124(1), 3(5), 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
- flesh‑trade
- human trafficking
- Bharatiya Nagarik Suraksha Sanhita
- Immoral Traffic (Prevention) Act
- criminal procedure
- investigation
- conditions of bail
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
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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,
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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
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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
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