Patna High Court
Md. Muzaffar @ Md. Mujaffar @ MuzaffarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to regular bail on the condition of furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Md. Muzaffar, was arrested in connection with a kidnapping case (Rauta PS Case No. 264/2025) involving offences under Sections 137(2), 96, 64 and 3(5) of the Bihar Narcotic Substances Act and Section 4 of the POCSO Act. The petitioner claimed innocence, arguing that the alleged victim had eloped with him and that he had a clean antecedent, having been in custody since 1 November 2025. The State and the informant opposed the bail application, contending that the charges were serious. The Court examined the facts, the victim’s statement, and the petitioner’s willingness to cooperate with the trial. Considering the circumstances, the Court allowed the regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bihar Narcotic Substances Act and the POCSO Act
- Whether the victim’s statement indicating elopement affects the bail consideration
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 3(5), 64, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- bail
- kidnapping
- POCSO Act
- Bihar Narcotic Substances Act
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86645 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- RAUTA District- Purnia
======================================================
Md. Muzaffar @ Md. Mujaffar @ Muzaffar Son of Md. Mojib @ Md. Mojib
Rahman @ Md. Mujib Resident Of Village- Chouni Khapra, Ps- Baisi, Dist-
Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kuresha Begum @ Queresha Begum Wife of Md. Tasleem Resident Of
Village- Gram Madhapur, Panchayat- Majhauk, Ps- Rauta, Dist- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Helal Ahmad, Advocate
For the State : Mr.Chandra Sen Prasad Singh, APP
For the Informant : Mr.Naushad Akhter, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with Rauta
P.S. Case No. 264/2025 registered for the offences punishable
under Sections 137(2), 96, 64 and 3(5) of B.N.S. and Section 4
of POCSO Act.
3. As per the prosecution case, petitioner is alleged of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
Patna High Court CR. MISC. No.86645 of 2025(4) dt.30-03-2026
2/2
statement of the victim, it appears that she has eloped with the
petitioner. Petitioner has clean antecedent and he is in custody
since 01.11.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned counsel for the informant and learned APP
for the State have jointly opposed the prayer for regular bail of
the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, POCSO, Purnea
/concerned Court below in connection with Rauta P.S. Case No.
264/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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