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Patna High Court

Md. Arbaj @ Md. Arbaz @ Md. Arwaj @ BabluversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application is dismissed.

Summary

The petitioner, Md. Arbaj, was charged under Sections 366A and 34 of the Indian Penal Code for kidnapping a 13‑year‑old girl, intoxicating her, and taking her to Pune. The trial has commenced and charges have been formally framed. The petitioner filed a second bail application after an earlier denial. The court noted the seriousness of the offence, the fact that the trial was underway, and the absence of any new ground for bail. Consequently, the judge refused to overturn the earlier order and dismissed the bail application, while clarifying that this decision does not prejudice the merits of the case at later stages.

Issues considered

  • Whether bail can be granted to the accused after the trial has started and charges have been framed in a case involving kidnapping of a minor under IPC Sections 366A and 34.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • IPC 366A
  • IPC 34
  • criminal procedure
  • trial commencement
  • charges framed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82178 of 2025
                 Arising Out of PS. Case No.-143 Year-2023 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Md. Arbaj @ Md. Arbaz @ Md. Arwaj @ Bablu son of Md. Enamul Haque @
                 Md. Enual Haque Resident of Village-Chak Bahauddin, Ward no 3, Police
                 Station-Dalsing Sarai, District-Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Shakil Ahmad Khan, Advocate
                 For the State           :       Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   05-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Dalsinghsarai P.S.

                   Case No. 143 of 2023 registered for the offence under Sections

                   366A/34 of the Indian Penal Code.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 25.02.2025 passed in Cr. Misc.

                   No. 72630 of 2024.

                                 4. The petitioner and other co-accused persons are

                   accused of kidnapping a 13 years old minor girl. They took her

                   to a place, made her drink something mixed with some

                   intoxicant. Thereafter she lost her consciousness and she found
           Patna High Court CR. MISC. No.82178 of 2025(3) dt.05-05-2026
                                                       2/2




                     herself in Pune.

                                  5. Learned counsel for the petitioner submits that now

                     the trial has started and charges have been framed.

                                  6. Considering the gravity of the offence, the fact that

                     the trial has started and no fresh ground for grant of bail is made

                     out, I am not inclined to review my earlier order.

                                  7. Accordingly, the application stands dismissed.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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