Patna High Court
Md. SaddamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Md. Saddam, a 20‑year‑old, was arrested in connection with a case registered under Sections 137(2), 87 and 96 of the B.N.S. and Sections 8 and 12 of the POCSO Act. The victim’s recorded statement alleged that the principal offence was committed by co‑accused Md. Najir and made no accusation against the petitioner. The petitioner applied for regular bail, arguing that the investigation was complete, he had been in custody since 2 August 2025, and the victim had voluntarily left with the co‑accused. The State opposed bail but conceded that the main allegation was against the co‑accused. Considering the victim’s statement, the lack of direct involvement of the petitioner, and the completed investigation, the Court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite charges under the B.N.S. and POCSO Acts
- Whether the victim’s statement exonerating the petitioner warrants bail
Legislation cited
Subjects
- regular bail
- B.N.S.
- POCSO Act
- victim statement
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87057 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
Md. Saddam, S/O Md. Sultan, Resident of Village- Purnahi, P.S- Waris Nagar,
District- Samastipur. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Raushan Khatoon, W/O Md. Shakeel, R/O Village- Purnahi, P.S- Waris
Nagar, Distt.- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Adv.
For the Informant : Mr. Kundan Kumar, Adv.
For the State : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 1. Heard Mr. Raja Ram Mishra, learned counsel for
the petitioner, Mr. Kundan Kumar, learned counsel for the
informant and Mr. Shailendra Kumar Singh, learned APP for
the State.
2. The petitioner seeks regular bail in connection with
Waris Nagar P. S. Case No. 184 of 2025, dated 12.07.2025
registered for the offences punishable under Sections 137(2), 87
and 96 of the B.N.S. and later on added Sections 8 and 12 of the
POCSO Act.
3. The main submissions advanced by the petitioner's
counsel are that petitioner is 20 years old, the victim has been
recovered and her statement has been recorded in which she has
made the main allegation against the co-accused Md. Najir and
Patna High Court CR. MISC. No.87057 of 2025(2) dt.12-01-2026
2/2
not against the petitioner, in fact, the so-called victim
voluntarily went with co-accused Md. Najir to Kolkata and
thereafter returned back to her parental home and the said
victim had left her home on account of having love affair with
the said Md. Najir. It is lastly submitted that the petitioner has
been languishing in jail since 02.08.2025 and against him, the
investigation has been completed.
4. Though, the learned APP appearing for the State
has opposed the bail prayer of the petitioner but he fairly
accepts that the main allegation is against the co-accused Md.
Najir.
5. Considering the aforesaid submissions, averments
made in this application mainly the petitioner's custody period
as well as his alleged role in the commission of the alleged
crime, this court is inclined to release him on bail. Accordingly,
let the petitioner named-above be enlarged on bail in connection
with Waris Nagar P. S. Case No. 184 of 2025 on furnishing bail
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the Court
concerned.
(Shailendra Singh, J)
Rajiv/-
U
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