Patna High Court
Momtaz @ Md. MomtajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…