Patna High Court
Aasik RazaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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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