Created by Fuzzy Cloud

Patna High Court

Badshah Sai @ BadshahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail is denied to the petitioner as the allegations are serious and the victim’s statement supports the prosecution.

Summary

The petitioner, Badshah Sai, was implicated in a case (Kopa P.S. Case No. 211 of 2025) alleging molestation, obscene acts, and kidnapping of a minor, charged under Sections 126(2), 74, 75, 78 and 96 of the B.N.S. He applied for anticipatory bail, claiming innocence, a two‑day delay in filing the FIR, and that the victim went voluntarily with another accused. The State argued that the victim’s statement, recorded under Sections 180 and 183 of the Cr.P.C., specifically implicated the petitioner and cited a similar bail denial for a co‑accused. The Court examined the seriousness of the allegations, the victim’s recorded statement, and the precedent of the earlier bail denial. Finding the allegations grave and the evidence supportive, the Court refused to grant anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged molestation and kidnapping of a minor.
  • Whether the victim’s statement under Sections 180 and 183 Cr.P.C. suffices to deny anticipatory bail.
  • Whether the prior denial of anticipatory bail to a co‑accused influences the present petition.

Legislation cited

Subjects

  • anticipatory bail
  • child sexual abuse
  • molestation
  • kidnapping
  • Criminal Procedure Code
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7396 of 2026
                          Arising Out of PS. Case No.-211 Year-2025 Thana- KOPA District- Saran
                 ======================================================
                 Badshah Sai @ Badshah Son of Hamid Sha @ Hamid Sai R/o Village -
                 Piyano, P.S.- Kopa, Dist.- Saran.
                                                                    ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aniket Singh, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                                                   Mr. Ram Binod Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   01-04-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kopa P.S. Case No. 211 of 2025, instituted for the

                   offences under Sections 126(2), 74, 75, 78 & 96 of the B.N.S.

                                3. As per the prosecution case, on the date of

                   occurrence one Lakshman Sah called the minor daughter of

                   informant in an orchard where petitioner along with other

                   accused persons molested the victim and committed obscene

                   acts with her and also took photo of the same. It is further

                   alleged that the accused persons including the petitioner lured

                   and kidnapped the minor daughter of the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.7396 of 2026(4) dt.01-04-2026
                                            2/3




          case. There is delay of two days in lodging the F.I.R. There

          was love affairs between the victim and co-accused Lakshman

          Sah. Victim was not kidnapped rather she had gone with her

          own will with Lakshman Sah. Petitioner who is co-villager

          when objected to the victim going with Lakshman Sah, he has

          been implicated in this case.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State oppose the prayer for anticipatory bail of

          the petitioner and submit that the victim in her statement

          specifically stated that petitioner had made video recording

          from his mobile when co-accused Saddam Sai was molesting

          her. It is further submitted that the anticipatory bail petition of

          co-accused Saddam Sai @ Saddam Hussain, who is on the

          similar footing as that of the petitioner, has been rejected by a

          Co-ordinate Bench of this Court, vide order dated 15.01.2026

          passed in Cr. Misc. No. 88764 of 2025.

                       6. Considering the facts and circumstances of the

          case, submission of learned counsel for the parties, nature of

          allegation and the victim girl has supported the allegation

          against the petitioner in her statement recorded under Section

          180 and 183 Cr.P.C., this Court is not inclined to grant

          anticipatory bail to the petitioner. Accordingly, the prayer for
            Patna High Court CR. MISC. No.7396 of 2026(4) dt.01-04-2026
                                                        3/3




                      anticipatory bail of the petitioner is rejected.



                                              (Sunil Dutta Mishra, J)
rakhi/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.