Patna High Court
Alam Mian @ Aalam MianversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The regular bail application of the petitioner is rejected.
Summary
The petitioner, Alam Mian, applied for regular bail in a case registered under Sections 96, 351(2), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging involvement in the alleged abduction of an informant's daughter. The victim, after being recovered from Jammu and Kashmir, gave a statement under Section 183 of the BNSS supporting the prosecution, describing being forcibly taken, drugged, and threatened. The petitioner contended he had a clean record, had been in custody since 7 November 2025, and argued the victim's statement was coerced and that the incident was an elopement. The State opposed bail, emphasizing the victim’s corroborative statement and the risk of the petitioner absconding after the charge sheet was filed. The Court, after considering the submissions, declined to grant regular bail, noting the seriousness of the offences and the possibility of absconding, but allowed the petitioner to reapply after framing of charge.
Issues considered
- Whether the petitioner is entitled to regular bail in light of the charges under the Bihar Narcotic Substances Act, 2023 and the victim's statement under Section 183 BNSS.
- Whether there is a substantial risk of the petitioner absconding if bail is granted.
Legislation cited
- Bihar Narcotic Substances Act — s. 183, 3(5), 351(2), 61(2), 96
Subjects
- bail
- regular bail
- criminal procedure
- kidnapping
- abduction
- intoxication
- charge sheet
- risk of absconding
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7 of 2026
Arising Out of PS. Case No.-64 Year-2024 Thana- BATHWARIA District- West Champaran
======================================================
Alam Mian @ Aalam Mian Son of Aasmahammad Mian @ Asmohammad
Mian Resident of Village - Bazar Bathwariya, Police Station - Bathwariya,
District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1
For the Opposite Party/s : Mr. Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bathwariya P.S. Case No. 64 of 2024 registered for the offences
punishable under Sections 96, 351(2), 61(2) and 3(5) of the
BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 07.11.2025. It is next submitted that in sum and substance
the allegation is that the daughter of the informant was abducted
by the named accused persons. It is fairly submitted that the
victim was recovered from Jammu and Kashmir and thereafter
her statement was recorded under Section 183 BNSS, wherein
Patna High Court CR. MISC. No.7 of 2026(2) dt.20-04-2026
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she has supported the case of the prosecution and has also
alleged that while she had gone to attend the call of nature,
when Subhash and Bharat came and forcefully took her to an
orchard where petitoiner along with other accused persons were
present and petitioner made her consume some intoxicated
medicine on account of which she lost her consciousness and
when she woke up, she found herself in a train and when she
pleaded to the petitioner that she intends to go back home when
he threatened that she will be thrown out of the train. It is next
submitted that it absolutely does not stand to reason as to why
the victim after regaining consciousness did not raise any alarm
in the train, which amply demonstrates that victim and petitioner
were in love and they eloped but under parental pressure the
statement under Section 183 BNSS has been recorded.
4. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that victim has supported the
case of the prosecution in her statement under Section 183
BNSS. It is also submitted that charge sheet has been submitted
and if privilege of regular bail is granted, the petitioner may
abscond.
5. Considering the submissions made by the learned
APP, the Court is not inclined to release the petitioner on bail.
Patna High Court CR. MISC. No.7 of 2026(2) dt.20-04-2026
3/3
6. The regular bail application of the petitioner is
rejected.
7. However, petitioner would be at liberty to renew
his prayer for bail after framing of charge.
(Satyavrat Verma, J)
amit/-
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