Patna High Court

Abdul SalamversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court dismissed the anticipatory bail application, directing the petitioners to surrender for regular bail.

Summary

The petitioners applied for anticipatory bail fearing arrest in a kidnapping case (PS Case No. 40 of 2025) under Sections 137(2) and 87 of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the petitioners kidnapped and molested a girl, whose statement under Section 183 of the BNSS corroborated the charges. The court examined the seriousness of the allegations, including the victim's testimony, and concluded that the gravity of the offence warranted denial of anticipatory bail. Consequently, the application for anticipatory bail was dismissed. The petitioners were ordered to surrender within two weeks and seek regular bail, failing which the police were directed to arrest them.

Issues considered

Whether anticipatory bail should be granted to the accused under Sections 137(2) and 87 of the BNS, 2023 in view of the kidnapping and molestation allegations.
Whether the seriousness of the victim's statement under Section 183 BNSS justifies denial of anticipatory bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 137(2), 87

Subjects

anticipatory bail
kidnapping
molestation
Section 137(2)
Section 87
Section 183
Bihar Narcotic Substances Act
criminal procedure
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89019 of 2025
                     Arising Out of PS. Case No.-40 Year-2025 Thana- Bhelahi District- East Champaran
                 ======================================================
           1.     Abdul Salam Son of Aftab Ansari @ Akhtab Alam @ Akhtab Miya Resident
                  of Anand Sagar Ghamariya, P.S- Bhelahi, District- East Champaran
           2.    Ajharudin Miya @ Ajharuhi son of Aftab Ansari @ Akhtab Alam @ Akhtab
                 Miya Resident of Anand Sagar Ghamariya, P.S- Bhelahi, District- East
                 Champaran
           3.    Hasmudin Miya Son of Aftab Ansari @ Akhtab Alam @ Akhtab Miya
                 Resident of Anand Sagar Ghamariya, P.S- Bhelahi, District- East Champaran
           4.    Saffiullah Miya @ Sakullah Miya Son of Late Shukhari Miya. Resident of
                 Anand Sagar Ghamariya, P.S- Bhelahi, District- East Champaran
           5.    Sukat Shah Son of Chhatu Sah. Resident of Anand Sagar Ghamariya, P.S-
                 Bhelahi, District- East Champaran
           6.    Lalsa Kumari Daughter of Sukat Shah. Resident of Anand Sagar Ghamariya,
                 P.S- Bhelahi, District- East Champaran
           7.    Bangur Miya @ Najabullah Son of Hamid Miya. Resident of Anand Sagar
                 Ghamariya, P.S- Bhelahi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bhagya Narayan Jha
                 For the Opposite Party/s :        Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                      2.      The petitioners apprehend their arrest in

                   connection with Bhelahi P.S. Case No. 40 of 2025 registered for

                   the offence under Sections 137(2)/87 of the BNS, 2023.

                                    3. As per the prosecution case, the petitioners are

                   accused of kidnapping the victim.
          Patna High Court CR. MISC. No.89019 of 2025(3) dt.23-02-2026
                                                      2/2




                                    4. The victim girl, in her statement recorded under

                    Section 183 BNSS, has supported the allegations and has said

                    that the petitioners have molested her.

                                    5.     Considering the serious allegations levelled

                    against the petitioners, this Court is not inclined to grant

                    anticipatory bail to the petitioners.

                                      6.   Accordingly, this application for anticipatory

                    bail is dismissed.

                                    7. The petitioners are directed to surrender in the

                    Court below within two weeks from today and pray for regular

                    bail failing which the Superintendent of Police, East Champaran

                    will take all steps for arrest of the accused person/s including

                    the petitioner.

                                    8.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, East Champaran

                    through FAX for its compliance.



                                                               (Sandeep Kumar, J)
Vikas/-

U

Continue reading with your account

Checking your session…