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Patna High Court

Afzal Rahmani @ Samir KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s clean antecedent, the nature of the allegations, and his willingness to cooperate, regular bail should be granted.

Summary

The petitioner, Afzal Rahmani, was arrested in connection with a case registered under Sections 137(2) and 140(3) of the B.N.S., alleging abduction of a girl. He contended that the allegations were false, asserting that the girl was in a consensual relationship with him and that he has a clean antecedent. The petitioner had been in custody since 22‑12‑2024 and sought regular bail, undertaking to cooperate with the trial. The State opposed the bail on the ground of the seriousness of the offence. The High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear in court as required. Non‑compliance with the conditions would lead to cancellation of the bail bond.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under Sections 137(2) and 140(3) of the B.N.S.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

  • bail
  • abduction
  • regular bail
  • Sections 137(2) B.N.S.
  • Section 140(3) B.N.S.
  • Patna High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77349 of 2025
                       Arising Out of PS. Case No.-1218 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 Afzal Rahmani @ Samir Khan S/o Md. Zubair Rahmani R/o vill - Rosra,
                 ward no. 14, P.s.- Rosra, Distt.- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Puja Bharti W/o Bipin Kumar Singh R/o New Tarachak, Balaji Nagar Road,
                 Saguna More, P.s. - Danapur, Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Tanweer Kamal, Advocate
                 For the Opposite Party/s :       Mr.Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   02-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. From perusal of the office notes, it appears that

                   despite knowing about the notice, O.P. No. 2 has avoided

                   appearance, hence service of notice to O.P. No. 2 is accepted.

                                3. The petitioner seeks bail in connection with Danapur

                   P.S. Case No. 1218/2024 registered for the offences punishable

                   under Sections 137(2) and 140(3) of the B.N.S.

                                4. As per the prosecution case, petitioner is alleged to

                   have abducted the victim girl.

                                5. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the present

                   case. Learned counsel further submits that from the statement of
              Patna High Court CR. MISC. No.77349 of 2025(3) dt.02-04-2026
                                                          2/2




                        the victim girl, it appears that she was in a relationship with the

                        petitioner. Petitioner has clean antecedent and he is in custody

                        since 22.12.2024. The petitioner undertakes to co-operate in the

                        case/ trial.

                                       6. Learned APP for the State has opposed the prayer for

                        regular bail of the petitioner.

                                       7. Considering the facts and circumstances of the case,

                        this application for regular bail is allowed.

                                       8. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Exclusive Special Judge, Rape and

                        POCSO Act, Patna /concerned Court below in connection with

                        Danapur P.S. Case No. 1218/2024.

                                       9. As a condition of this order, the petitioner after being

                        released on bail is directed to co-operate in the trial either by

                        appearing personally or through his lawyer in the Trial Court on

                        each and every date fixed by the trial Court. Non-compliance of

                        the condition will result in cancellation of the bail bonds of the

                        petitioner.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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