Patna High Court
Hasmuddin MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a cash bond and specified conditions.
Summary
The petitioner, Hasmuddin Miyan, was arrested on 31 July 2025 in connection with FIR dated 29 July 2025 alleging offences under Sections 127(2), 76, 140(3), 62, 351(2) of the Bihar Narcotic Substances Act, 2023 and Section 8 of the POCSO Act. He applied for bail, claiming a clean antecedent and that the FIR was fabricated, with victim statements recorded under Section 183 of the BNS Act not supporting the prosecution. The State, represented by the Additional Public Prosecutor, opposed bail. The court noted the petitioner’s clean record and the lack of appearance by the second opposite party, and ordered bail on a bond of Rs.10,000 with two sureties and several conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the District & Additional Sessions Judge, Special POCSO Court, Bettiah.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act and POCSO Act.
- Whether the allegations in the FIR are false and fabricated, warranting bail.
- Whether the conditions imposed on bail are appropriate and sufficient.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 127(2), 140(3), 351(2), 62, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- criminal procedure
- POCSO Act
- false allegations
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85871 of 2025
Arising Out of PS. Case No.-780 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Hasmuddin Miyan S/o- Ainul Miyan @ Enul Miya Resident of Vill-
Bahuarwa Khurd, P.S.- Sikarpur, Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. X S/o- Late Nagina Yadav Resident of Vill- Bahuarwa Khurd, W.No- 10,
P.S.- Sikarpur, Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 23-03-2026 Despite of valid service of notice, no one appears on
behalf of opposite party No.2.
2. Heard Mr.Sanjeev Kumar, learned counsel for the
petitioner and Mr.Kumar Veerendra Narayan, learned
Additional Public Prosecutor for the State.
3. The petitioner seeks bail, who is in custody since
31.07.2025 in connection with Sikarpur P.S. Case No. 780 of
2025, F.I.R. dated 29.07.2025 registered for the offence
punishable under Sections 127(2),76, 140(3),62,351(2), of
BNS,2023 and Section 8 of POCSO Act.
4. Allegation against the petitioner is that he did the
wrong act by catching the hands of the victim with intent to take
Patna High Court CR. MISC. No.85871 of 2025(5) dt.23-03-2026
2/3
them to some other place.
5. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Further
submits that the statement of the victims was recorded under
Section 183 of BNSS, 2023 in which they have not supported
the case of the prosecution and the police, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is in custody since 31.07.2025.
6. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned District & Additional Sessions Judge 7 th -cum-Special
Judge, POCSO, Bettiah West Champaran in connection with
Sikarpur P.S. Case No. 780 of 2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.85871 of 2025(5) dt.23-03-2026
3/3
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…