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Patna High Court

Noor AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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under Sections 137(2), 140(3) and 96 of the B.N.S. He applied for regular bail, contending that the victim had withdrawn her allegations before the Judicial Magistrate and that she had gone with him voluntarily.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/-

U     T


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