Patna High Court
Golu SaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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.
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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
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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
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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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