Patna High Court

Md. Arbaz Khan @ Arbaz KhanversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Arbaz Khan, was arrested in connection with a kidnapping case under sections 137(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023. The informant’s wife, initially alleged to have been kidnapped by the petitioner and a co‑accused, was later found to be in a love affair with the co‑accused, rendering the allegations against the petitioner false. The petitioner has no prior criminal record and a charge‑sheet has already been filed. After four months of custody, the petitioner applied for regular bail. Considering the lack of specific evidence against him, the completed charge‑sheet, and the prolonged detention, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner under sections 137(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023.
Whether the allegations of kidnapping against the petitioner are substantiated.
Whether the petitioner’s four‑month pre‑trial custody warrants the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
Bhartiya Nyay Sanhita, 2023 — s. 137(2), 3(5)

Subjects

bail
kidnapping
false allegations
charge sheet
Bhartiya Nyay Sanhita
Bharatiya Nagarik Suraksha Sanhita
regular bail
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88914 of 2025
                       Arising Out of PS. Case No.-108 Year-2025 Thana- Nehra District- Darbhanga
                 ======================================================
                 Md. Arbaz Khan @ Arbaz Khan Son of Mohammad Jahangir Khan @
                 Jahangir Khan Resident of Basuham, Ward No. 9, Post- Bahera, P.S.- Bahera,
                 District- Darbhanga, Bihar
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Padmanabh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   23-02-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner has preferred this application for

                   grant of regular bail in connection with Nehra P.S.Case no.108

                   of 2025 registered under sections 137(2) and 3(5) of the

                   Bhartiya Nyay Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that his wife and the younger son went missing and it

                   subsequently transpired that they had been kidnapped by the

                   accused persons.

                                4. Learned counsel for the petitioner submits that the

                   wife of the informant was recovered and her statement was

                   recorded under section 183 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 wherein though she has made allegations of

                   kidnapping against both the petitioner as also Shahbaz Khan,
           Patna High Court CR. MISC. No.88914 of 2025(3) dt.23-02-2026
                                                       2/2




                     however, it has transpired in course of investigation that she was

                     in a love affair with the co-accused Shahbaz Khan. The

                     allegations levelled against the petitioner are false and

                     concocted. He is in custody since 23.10.2025 and has no

                     criminal antecedent. Charge sheet has been submitted in the

                     case.

                                  5. Heard learned A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                     taking into consideration the allegations in the FIR, the material

                     that has transpired in course of investigation especially about

                     the petitioner having a love affair with co-accused Shahabaz

                     Khan, there being no specific allegations so far as this petitioner

                     is concerned, the petitioner having remained in custody for

                     about 4 months since 23.10.2025 and charge sheet having been

                     submitted to the case, the Court directs the petitioner to be enlarged

                     on bail in connection with Nehra P.S. Case no. 108 of 2025 on

                     furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Additional Chief Judicial Magistrate VI, Darbhanga.


                                                 (Partha Sarthy, J)
Bibhash
U      T

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