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Patna High Court

Momtaz @ Md. MomtajversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted to the petitioner pending trial, as the circumstances did not warrant denial of liberty.

Summary

The petitioner, Momtaz (Md. Momtaj), feared arrest in a criminal case (Palasi P.S. Case No. 326 of 2024) alleging his involvement in the abduction of a victim under several sections of the BNS. The prosecution alleged that the petitioner and others abducted the victim, while the petitioner contended that he was falsely implicated and is merely a relative of a co‑accused whose marriage to the victim is the real issue. The petitioner applied for bail, arguing innocence and lack of necessity for pre‑trial detention. The High Court examined the bail provisions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. Finding no compelling reason to deny bail, the Court allowed the application and ordered release on bail with a bond of Rs. 10,000 and two sureties, subject to the statutory conditions.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 in view of the allegations of abduction and related offences.
  • Whether the High Court can exercise its inherent powers under Section 482 of the BNSS to grant bail in this case.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • abduction
  • false implication
  • Section 438
  • Section 482
  • High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88543 of 2025
                         Arising Out of PS. Case No.-326 Year-2024 Thana- PALASI District- Araria
                 ======================================================
                 Momtaz @ Md. Momtaj S/O Mehruddin R/O Village- Singhiya, Ward No.-3,
                 P.S- Sikti, Distt.- Araria.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rabindra Kumar Priyadarshi
                                                   Mr. Dheeraj Kumar
                 For the Opposite Party/s :        Mr.Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Palasi P.S. Case No. 326 of 2024 registered for

                   the offence under Sections 126(2), 115(2), 87, 352, 351(2),

                   351(3), 3(5) of the BNS.

                                    3. As per the prosecution case, the petitioner and

                   others are said to have abducted the victim.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the

                   petitioner is the relative of the co-accused Zahid with whom the

                   victim has got married.
          Patna High Court CR. MISC. No.88543 of 2025(2) dt.15-01-2026
                                                      2/2




                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                     6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned District and

                    Additional Sessions Judge, 4th Araria/concerned Court below in

                    connection with Palasi P.S. Case No. 326 of 2024, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.



                                               (Sandeep Kumar, J)
Vikas/-

U


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