Patna High Court
Md. Nizam @ Md. Nezam @ Nezamuddin @ Md. Nezamuddin @ Md. Nazim @ Md. NazamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Substances Act (BNS) — s. 137(2), 180, 183, 3(5), 352, 87, 96
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/-
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