Patna High Court
Jawed Alam @ Md. Javed @ JawedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the second petitioner subject to conditions under Section 482(2).
Summary
The petitioners, Jawed Alam and Shamshad Azad, were implicated in a kidnapping and alleged sexual assault case involving a 15‑year‑old girl, with charges under IPC sections 363, 366A, 504, 34 and Section 8 of the POCSO Act. Jawed Alam withdrew his anticipatory bail application, while Shamshad Azad sought anticipatory bail, claiming a clean antecedent and that he was falsely implicated as the brother of Jawed. The victim’s statement under Section 164 CrPC supported the prosecution but did not allege any sexual assault, and it was suggested that the statement was made under parental pressure. The State opposed the bail, but the court considered the petitioner’s clean record and the lack of direct evidence of sexual assault. The court granted anticipatory bail to Shamshad Azad, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the second petitioner despite serious charges under the IPC and POCSO Act.
- Whether the petitioner’s clean antecedent and alleged false implication justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164, 482(2)
- Indian Penal Code — s. 34, 363, 366A, 504
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- kidnapping
- POCSO
- false implication
- clean antecedent
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87766 of 2025
Arising Out of PS. Case No.-172 Year-2023 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
1. Jawed Alam @ Md. Javed @ Jawed S/O Late Abbas @ Md. Abbas Alam
R/O Vill- Mesaudha, P.S- Kundwa Chainpur, Dist- East Champaran
2. Shamshad Azad @ Md. Shamsad Alam S/O Late Abbas @ Md. Abbas Alam
R/O Vill- Mesaudha, P.S- Kundwa Chainpur, Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sri Ram Naresh Singh S/O Late Lakshmi Singh R/O Vill.- Gavandri, P.S.-
Kundwa Chainpur, Dist.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Zaki Haider, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The learned counsel for the petitioners, after some
arguments, seeks permission to withdraw the anticipatory bail
application with respect to petitioner no. 1 (Jawed Alam @ Md.
Javed @ Jawed).
3. Permission is accorded.
4. The petitioner no. 2 apprehends his arrest in a case
registered for the offences punishable under Sections 363,
366A, 504 and 34 of the Indian Penal Code read with Section 8
of the POCSO Act.
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5. Learned counsel for the petitioner submits that
petitioner no. 2 is a person with clean antecedent and the
informant alleges that his minor grand daughter aged about 15
years was kidnapped by the accused persons including the
petitioner on 17.11.2023 at 08:00 PM when his grand daughter,
after dinner, had gone for a walk.
6. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case being
brother of Jawed Alam. It is next submitted that victim and
Jawed in relationship and they eloped. It is next submitted that
victim has been recovered and her statement was recorded under
Section 164 Cr.P.C. wherein she has supported the case of the
prosecution, but then has not alleged that the accused in any
manner committed any sexual assault with her. It is further
submitted that it appears that the victim under parental pressure
made her statement, but then tried to save the accused persons
also. It is reiterated and submitted that since petitioner is brother
of Md. Jawed, as such, he also came to be implicated.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no. 2 only above-
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named, in the event of his arrest or surrender before the learned
trial court within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Kundwa Chainpur
P.S. Case No. 172 of 2023 subject to the conditions as laid down
under Section 482 (2) of BNSS.
9. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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