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Patna High Court

Golu SaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and surety conditions.

Summary

The petitioners, including Golu Sai and others, feared arrest in a case registered under multiple sections of the Bihar Narcotic and Smuggling (BNSS) Act, 2023 and Section 8 of the POCSO Act, based on an informant’s allegations of kidnapping, theft and alleged sexual offences. They contended that they were falsely implicated, asserting that the alleged victim had eloped with a man named Abdul and that the informant’s brothers were the real perpetrators. The petitioners highlighted their clean antecedents and pointed out that the victim’s statement under Section 183 BNSS did not support the prosecution’s case. The State opposed the anticipatory bail application, arguing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the BNSS Act. The order allowed the petitioners to be released on bail if arrested within six weeks, thereby dismissing the risk of immediate incarceration.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case involving alleged offences under the BNSS Act, 2023 and the POCSO Act
  • Whether the petitioners are likely to be false implicates and thus merit bail

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • POCSO Act
  • BNSS Act
  • Section 482
  • criminal procedure
  • kidnapping
  • theft
  • marriage elopement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87003 of 2025
                  Arising Out of PS. Case No.-222 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
           1.     Golu Sai Son of Wahid Sai @ Tuntun Dewan @ Tuntun @ Vadal Wahid Sai
                  R/o Village - Binwalia Mahuawa, Ward no. 4, P.S. - Shikarpur, Dist. - West
                  Champaran.
           2.    Wahid Sai @ Tuntun Devan @ Tuntun @ Vadal Wahid Sai Son of Late Amir
                 Sai R/o Village - Binwalia Mahuawa, Ward no. 4, P.S. - Shikarpur, Dist. -
                 West Champaran.
           3.    Rukhsana Khatoon @ Kashana Khatoon W/o Wahid Sai @ Tuntun Dewan
                 @ Tuntun @ Vadal Wahid Sai R/o Village - Binwalia Mahuawa, Ward no. 4,
                 P.S. - Shikarpur, Dist. - West Champaran.
           4.    Fida Husain @ Fida Husain Sai Son of Lal Babu Sai R/o Village -
                 Madhopur, Bairiya, P.S. - Gaunaha, Dist. - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rizvanullah Gaddi Son of Late Shamful Gaddi R/o Village - Panchamwa
                 Ward no. 12, P.S. - Shikarpur, Dist. - West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jainendra Kumar Pushkar, Advocate
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 318(4),

                   137, 303(2), 137(2), 96, 84, 316(3), 82(1) and 3(5) of the BNS,

                   2023 read with Section 8 of the POCSO Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.
Patna High Court CR. MISC. No.87003 of 2025(2) dt.13-03-2026
                                            2/4




          3 is a woman and the informant alleges that on 25.02.2025, his

          both the daughters at 10 PM went to attend call of nature, but

          did not return, on search, it transpired that even Rs. 3 Lakhs was

          missing, on inquiry it further transpired that Jubair runs a CSP

          and from his mobile number, his daughters were contacted and

          on pretext of marriage, Abdul and Golu got an amount of Rs.

          2,39,000/- deposited in the said mobile, next alleges that about

          six months back, Intezar along with Abdul and Golu had come

          on a motorcycle and when villagers questioned, they fled

          leaving the motorcycle, thus, alleges that accused persons got

          the amount deposited in the aforesaid mobile and enticed his

          daughter who left with Rs. 61,000/-

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant being brothers and parents of Abdul. It is further

          submitted that Abdul and the elder daughter of the informant

          were in love and thus they eloped and even performed their

          marriage. It is next submitted that younger daughter of the

          informant had gone to drop her elder sister at the station from

          where she eloped with Abdul and thereafter the younger

          daughter came back home. It is next submitted that victim and

          Abdul have performed their marriage and they are living as
Patna High Court CR. MISC. No.87003 of 2025(2) dt.13-03-2026
                                            3/4




          husband and wife. It is next submitted that Abdul Wasi Sai, with

          whom the daughter of the informant performed her marriage,

          was arrested, but then was granted the privilege of regular bail

          by an order dated 12.12.2025 in B.P. No. 4267 of 2025 passed

          by the learned Additional Sessions Judge-cum-Special Judge

          (POCSO), West Champaran, Bettiah. It is asserted and

          submitted that victim is living with Abdul. It is also submitted

          that since Abdul has been granted the privilege of regular bail,

          as such, no useful purpose would be served by sending the

          petitioners to jail who had absolutely no role in the occurrence.

          It is also submitted that the statement of the victim was recorded

          under Section 183 BNSS wherein she has not supported the case

          of the prosecution.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 5,000/- (Rupees Five Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          trial court where the case is pending/successor court in
            Patna High Court CR. MISC. No.87003 of 2025(2) dt.13-03-2026
                                                        4/4




                      connection with Shikarpur P.S. Case No. 222 of 2025 subject to

                      the conditions as laid down under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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