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Patna High Court

Aasik RazaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Summary

The petitioner, Aasik Raza, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 137(2), 140(3) and 3(5) of the B.N.S.S and Section 8 of the POCSO Act, alleging his involvement in the kidnapping of a minor. The informant claimed the minor was abducted by Navin, the petitioner and Sakir, but the victim later returned and, in a statement recorded under Section 183 of the B.N.S.S, did not name the petitioner. The State opposed the bail but, after reviewing the victim’s statement, acknowledged that the petitioner was not implicated. The Court considered the petitioner’s clean antecedents and the lack of any incriminating material against him. Accordingly, the Court granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, and imposed conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the absence of any incriminating statement against him.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • minor kidnapping
  • POCSO Act
  • Criminal Procedure Code
  • B.N.S.S
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80951 of 2025
                          Arising Out of PS. Case No.-54 Year-2025 Thana- BELA District- Sitamarhi
                 ======================================================
                 Aasik Raza Son of Masle Alam Resident of Village - Sirsiya Bazar, P.S. -
                 Bela, District - Sitamarhi.
                                                                        ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     Shatrughan Mahto Son of Ramchandra Mahto Resident of Village - Sarsiya
                  Bazar, P.S. - Bela, District - Sitamarhi.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Raja Ram Rai, Advocate
                 For the Opposite Party/s :         Mr. Suman Kumari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   12-03-2026                   1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 137(2),

                   140(3) and 3(5) of the BNS as well as Section 8 of the POCSO

                   Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 17.03.2025, his minor daughter went to the market

                   to purchase articles, but did not return, accordingly, a search was

                   made when it transpired that the victim was kidnapped by Navin,

                   petitioner and Sakir and when informant went to the house of

                   Manoj, father of Navin, Manoj misbehaved with him.

                                 4. Learned counsel for the petitioner submits that
           Patna High Court CR. MISC. No.80951 of 2025(4) dt.12-03-2026
                                                       2/2




                     petitioner has been falsely implicated in the instant case by the

                     informant. It is further submitted that the victim and Navin were in

                     love and they eloped. It is next submitted that the victim has come

                     back and her statement was recorded under Section 183 BNSS

                     wherein she was not supported the case of the prosecution nor has

                     named the petitioner.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner but then fairly submits after

                     perusing the statement of the victim recorded under Section 183

                     BNSS that the victim has not named the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, let the petitioner, above-named, in the

                     event of his arrest or surrender within a period of six weeks from

                     today, be released on anticipatory bail on furnishing bail bonds of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/Successor Court in connection with Bela P.S.

                     Case No. 54 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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