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Patna High Court

Md. Nizam @ Md. Nezam @ Nezamuddin @ Md. Nezamuddin @ Md. Nazim @ Md. NazamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.

Summary

The petitioner, Md. Nizam, was arrested in connection with a kidnapping case (PS Khutauna Case No. 35 of 2025) and charged under sections 137(2), 87, 96, 352 and 3(5) of the Bihar Negotiable Substances Act (BNS). The prosecution alleged that the petitioner and others abducted the minor daughter of an informant, while the petitioner claimed innocence, stating that the victim’s statements recorded under sections 180 and 183 of the BNS did not name him, only identifying him as the driver. The petitioner had been in judicial custody since 13‑04‑2025 and had no prior criminal record. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the court found the lack of direct incriminating evidence against the petitioner and, considering his clean antecedent, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the kidnapping charges
  • Whether the victim’s statements under sections 180 and 183 of the BNS, which do not name the petitioner, are sufficient to deny bail
  • Whether the petitioner’s lack of criminal antecedent influences the bail decision

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • criminal antecedent
  • statutory statements
  • regular bail
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8791 of 2026
                    Arising Out of PS. Case No.-35 Year-2025 Thana- KHUTAUNA District- Madhubani
                 ======================================================
                 Md. Nizam @ Md. Nezam @ Nezamuddin @ Md. Nezamuddin @ Md.
                 Nazim @ Md. Nazam S/o Md. Ayub R/o Village - Basaha, P.O - Adhra, P.S -
                 Babubarhi, District - Madhubani
                                                                      ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.    X S/o Late Sukhdev Paswan Resident of - Sikathi Wahi, Ward No. 6, P.S -
                 Khutauna, District - Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   24-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 137(2), 87,

                   96, 352 and 3(5) of BNS.

                                3. The case of the prosecution is that the minor

                   daughter of the informant has been kidnapped by the petitioner

                   and others.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that during course of

                   investigation, the victim has given her statement recorded under
            Patna High Court CR. MISC. No.8791 of 2026(3) dt.24-03-2026
                                                        2/2




                      Section 183 of BNSS wherein she has stated that she has gone

                      with Shehzad to Delhi. Learned counsel has submitted that the

                      victim has not named this petitioner in her statement recorded

                      under Section 183 of BNSS or even in her statement under

                      section 180 of BNSS. Only allegation against the petitioner is

                      that he was the driver of the vehicle. Moreover, the petitioner is

                      languishing in judicial custody since 13.04.2025 having no

                      criminal antecedent.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Khutauna P.S. Case No. 35 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge-II, Jhanjharpur, Madhubani.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T


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