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Patna High Court

Md. Zahid Hussain @ Md. Zahid @ Zahid HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to conditions, as there was no specific allegation against them and they possessed a clean antecedent.

Summary

The petitioners, Md. Zahid Hussain, his son Md. Sakir Hussain and wife Nahid Khatoon, sought bail after being named in an FIR relating to alleged sexual offences against a minor under the Bhartiya Nagarik Suraksha Sanhita, the POCSO Act and the IT Act. The FIR alleged that the accused brother, Md. Zakir Hussain, had recorded a sexual act with the minor and threatened to disseminate the video, and the petitioners were implicated solely on the basis of their familial relationship. The petitioners contended they have a clean antecedent, no specific allegation of wrongdoing, and that the charges are fabricated. The Additional Public Prosecutor opposed bail, noting the petitioners are named in the FIR. The High Court, after considering the lack of specific allegations and the petitioners' clean record, granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, including a bond of Rs.10,000 with two sureties and compliance with various conduct requirements.

Issues considered

  • Whether bail should be granted to persons named in an FIR for offences under the BNS, POCSO Act and IT Act when no specific allegation against them is made.
  • Whether the petitioners' clean antecedent and lack of direct involvement justify bail despite the serious nature of the alleged offences.

Legislation cited

Subjects

  • bail
  • sexual offences
  • POCSO
  • IT Act
  • BNS
  • criminal antecedent
  • family members
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86739 of 2025
                      Arising Out of PS. Case No.-28 Year-2025 Thana- Cyber P.S. District- Sheikhpura
                 ======================================================
           1.     Md. Zahid Hussain @ Md. Zahid @ Zahid Hussain, S/o Late Md. Yunus
                  Resident of Village - Charuawan, P.S - Shekhopur Sarai, District -
                  Sheikhpura
           2.    Md. Sakir Hussain @ Md. Sakir, S/o Md. Zahid Hussain @ Zahid, Resident
                 of Village - Charuawan, P.S - Shekhopur Sarai, District - Sheikhpura
           3.    Nahid Khatoon, W/o Md. Zahid Hussain @ Md. Zahid @ Zahid Hussain,
                 Resident of Village - Charuawan, P.S - Shekhopur Sarai, District -
                 Sheikhpura

                                                                                      ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar
           2.    X W/o Md. Abbas, Resident of Village - Charuawan, P.S - Shekhopur Sarai,
                 District - Sheikhpura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. N A Shamsi, Advocate
                 For the Opposite Party/s :         Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                  Heard Mr. N. A. Shamsi, learned counsel for the

                   petitioner and Mr. Nawal Kishore Prasad, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Sheikhpura Cyber P.S. Case No. 28 of 2025,

                   F.I.R. dated 23.08.2025 for the offences punishable under

                   Sections 65, 69, 75, 76, 77, 78, 79 of the BNS and Sections 4, 6,

                   8, 12 of the POCSO Act and Section 66(e), 67,(a) of the IT Act.

                                3. As per the First Information Report, on the pretext
Patna High Court CR. MISC. No.86739 of 2025(2) dt.08-01-2026
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          of marriage accused Md. Zakir Hussain established physical

          relation and made a video of it and threatened the minor

          daughter of the informant to make the video viral. When the

          informant told the petitioner Md. Zahid about the occurrence

          then all the acccused petitioners started abusing the informant.

                       4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioners have not committed any offences as alleged in the

          F.I.R., rather the petitioners are made acused on the ground that

          petitioners are family members of the named accused Md. Zakir

          Hussain. Petitioner nos. 1, 2 and 3 are father, brother and mother

          of the co-accused Md. Zakir Hussain. There is no specific

          allegation against the petitioners.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners and

          submits that petitioners are named in the F.I.R. but fairly

          submits on the basis of paragraph-3 of the bail petition that the

          petitioner is on bail in the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          the petitioners have clean antecedent and no specific allegation
Patna High Court CR. MISC. No.86739 of 2025(2) dt.08-01-2026
                                            3/4




          of assault is against the petitioners, let the petitioners, above

          named, in the event of arrest or surrender before the court below

          within a period of thirty days from the date of receipt of the

          order, 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 the learned District & Additional Sessions Judge-

          cum-Exclusive Spl. Judge, (POCSO), Sheikhpura in connection

          with Sheikhpura Cyber P.S. Case No. 28 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners 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 petitioners and in case at

          any stage it is found that the petitioners have concealed their
            Patna High Court CR. MISC. No.86739 of 2025(2) dt.08-01-2026
                                                        4/4




                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
khushbu/-

U      T


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