Patna High Court
Afzal Rahmani @ Samir KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 137(2), 140(3)
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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