Patna High Court
Noor AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The petitioner is entitled to regular bail as the circumstances show no risk of flight or tampering and the investigation is complete.
Summary
The petitioner, Noor Alam, was arrested in connection with a case registered under Sections 137(2), 140(3) and 96 of the B.N.S. He applied for regular bail, contending that the victim had withdrawn her allegations before the Judicial Magistrate and that she had gone with him voluntarily. The petitioner also highlighted his clean antecedent and that the investigation was already completed. The informant’s counsel did not oppose the bail application and supported the petitioner’s submissions. Considering the victim’s statement, the absence of opposition, the petitioner’s clean record and the completed investigation, the Court granted bail on a bond of Rs.20,000 with two sureties. The petitioner was ordered to be released on bail.
Issues considered
- Whether the petitioner is entitled to regular bail in the case registered under Sections 137(2), 140(3) and 96 of the B.N.S.
Legislation cited
- B.N.S. — s. 137(2), 140(3), 96
Subjects
- regular bail
- criminal procedure
- section 137(2) B.N.S.
- section 140(3) B.N.S.
- section 96 B.N.S.
- victim statement
- no opposition
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86990 of 2025
Arising Out of PS. Case No.-91 Year-2025 Thana- PUWAKHALI District- Kishanganj
======================================================
Noor Alam S/o Sahabuddin R/o vill - Saraikuri, P.S.- Pauwakhali, Distt.-
Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Informant : Mr. Dinkar Kumar, Advocate
Mr. S.P. Singh, Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Mritunjay Kumar, learned counsel for
the Petitioner, Mr. Dinkar Kumar, learned counsel for the
informant and Mr. Pawan Kumar Chaurasia, learned APP for
the State.
2. Petitioner seeks regular bail in connection with
Pauwakhali P.S. Case No. 91 of 2025 dated 15.10.2025
registered for the offences punishable under Sections 137(2),
140(3) and 96 of the B.N.S.
3. The main submissions advanced by the petitioner’s
counsel are that the victim has not supported the prosecution’s
allegations made in the FIR before the Judicial Magistrate while
recording her statement and has revealed that she was not
kidnapped by the petitioner; but had gone with him of her own
free will. It is further submitted that the petitioner bears no
Patna High Court CR. MISC. No.86990 of 2025(2) dt.09-01-2026
2/2
criminal antecedent, has been languishing in jail since
16.10.2025, and against him, the investigation has been
completed.
4. Learned counsel appearing for the informant does
not oppose the prayer for bail of the petitioner and supports the
submissions made by the petitioner’s counsel.
5. Considering the above submissions, averments
made in this application, petitioner’s fair and clean antecedent
and the completion of investigation against him and also taking
into account the fact that there is no opposition made by the
informant’s counsel to the petitioner's prayer for bail, in my
opinion, it is fit case for bail to the petitioner. Accordingly, let
the petitioner named-above be released on bail on furnishing
bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the
concerned Court in connection with Pauwakhali P.S. Case No.
91 of 2025.
(Shailendra Singh, J)
maynaz/-
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