Patna High Court
Babu @ Mubarak @ Mubarak Ansari @ Babu MubarakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs. 20,000 with two sureties.
Summary
The petitioner, Babu Mubarak, was arrested in connection with a case registered on 21 July 2025 under Sections 137(2), 96 and 87 read with 3(5) of the BNS, alleged to involve the kidnapping of a girl. He claimed he had no prior criminal record and had been in custody since 22 July 2025 while the investigation was completed. The informant alleged that the petitioner was involved in the kidnapping, but the petitioner argued that the victim had a consensual relationship with a co‑accused and had voluntarily fled. The State opposed bail, but the court considered the lack of antecedents, the completion of investigation, and the circumstances of the allegation. Accordingly, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs. 20,000 with two sureties of the same amount.
Issues considered
- What is the applicability of regular bail to the petitioner under Sections 137(2), 96 and 87 read with 3(5) of the BNS given the completed investigation and lack of criminal antecedent?
Legislation cited
- BNS — s. 137(2), 3(5), 87, 96
Subjects
- regular bail
- criminal procedure
- kidnapping allegation
- investigation completed
- no criminal antecedent
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86024 of 2025
Arising Out of PS. Case No.-52 Year-2025 Thana- ANGARH District- Purnia
======================================================
Babu @ Mubarak @ Mubarak Ansari @ Babu Mubarak Son of Md. Umar
alish Umar Faruk R/o Village - Rauta, Rahika Tola, P.S. - Rauta, Dist. -
Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Ziaul Quamar, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Md. Ziaul Quamar, learned counsel for the
petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the
State.
2. Petitioner seeks regular bail in connection with
Angarh P.S. Case No. 52/ 2025 dated 21.07.2025 registered for
the offence(s) punishable under Sections 137(2), 96, 87 read
with 3(5) of the BNS.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner bears no criminal antecedent, has
been languishing in jail since 22.07.2025 and the investigation
against him has been completed and the informant has levelled
the main allegation of taking away his daughter against co-
accused, Anwar and has simply raised suspicion that petitioner
Patna High Court CR. MISC. No.86024 of 2025(2) dt.09-01-2026
2/2
was also involved in the alleged kidnapping of the victim and
except the said suspicion, there is nothing against the petitioner
and in fact, there was love affair between the informant’s
daughter and co-accused, Anwar and the victim voluntarily fled
away with the said co-accused, Anwar.
4. The learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions advanced by the
petitioner’s counsel as well as averments made in this petition,
coupled with the petitioner’s custody period and completion of
investigation against him, this court is inclined to release the
petitioner on bail. Accordingly, let the petitioner named-above
be released on bail in connection with Angargh P.S. Case No.
52/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the Court concerned.
(Shailendra Singh, J)
BKS/-
U T
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