Patna High Court
Md. AzimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, under its inherent powers.
Summary
The petitioners, a group of five individuals, were implicated in an FIR alleging kidnapping of a 14‑year‑old boy under Sections 137(2), 140(3) and 3(5) of the Bhartiya Nyaya Sanhita. They contended that the allegations were fabricated due to an ongoing land and survey dispute with the informant, who is a co‑sharer of one petitioner. The State argued that the boy’s statement recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita identified the petitioners. The High Court, noting the land dispute, the lack of police recovery of the boy and the possibility of false implication, exercised its power under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita and granted anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties and compliance with the lower court’s procedures. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the allegations of kidnapping constitute a false implication arising from a land dispute
- Whether the court can invoke its inherent powers under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita to grant bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 183, 482(2)
- Bhartiya Nyaya Sanhita — s. 137(2), 140(3), 3(5)
Subjects
- anticipatory bail
- kidnapping
- land dispute
- false implication
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8959 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- PALASI District- Araria
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1. Md. Azim Son of Ali Hussain Resident of village- Dhangama,, Ward No.01,
P.S.- Palasi, Araria, District- Araria, (BIHAR).
2. Noor Hasan son of Md. Azim Resident of village- Dhangama,, Ward No.01,
P.S.-Palasi, Araria, District-Araria, (BIHAR).
3. Noor Alam son of Md. Azim Resident of village- Dhangama,, Ward No.01,
P.S.-Palasi, Araria, District-Araria, (BIHAR).
4. Farook son of Naeem Resident of village-Jokihat Mushahar Patti, P.S.-
Palasi, District-Araria.
5. Md. Rahim Son of Ali Hasan Resident of village- Majlispur Basti, P.S.-
Gawal Pokhar, District - North Dinajpur, West Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 06-05-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Palasi Police Station Case No. 403 of 2025, dated
10.10.2025, disclosing offences under Sections
137(2)/140(3)/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 07.10.2025, in the morning at about 08:30 AM,
the informant’s son left his house, but did not return till
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late night. After search, the informant came to know that
the petitioners and others have kidnapped the informant’s
son aged about 14 years.
4. Mr. Madhav Jha, learned counsel for the petitioners,
submits that the petitioners have falsely been implicated
in the present case due to land dispute between the
informant and petitioners. The petitioner no. 1 filed an
application/objection before the Circle Officer, Jokihat,
for survey of his ancestral property. He next submits that
the informant is co-sharer of the petitioner no. 1 and there
is another dispute between them for demarcation of
residential land. He further submits that due to aforesaid
disputes, the present FIR has been lodged against the
petitioners with fabricated and concocted story. The
petitioners are having no criminal antecedent.
5. On the other hand, learned counsel for the State opposes
the prayer for bail and submits that there is specific
allegation against the petitioners and the boy, who
returned after some time, in his statement recorded under
Section 183 of the Bhartiya Nagrik Suraksha Sanhita, has
disclosed the name of the petitioners.
6. Having regard to the submissions made on behalf of the
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parties and taking into consideration the fact that both the
parties are co-sharer having dispute regarding land and
survey between them and victim boy was not recovered
by the police, but had voluntarily appeared after some
time, I am inclined to grant the petitioners privilege of
anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Chief
Judicial Magistrate, Araria, in connection with Palasi
Police Station Case No. 403 of 2025, subject to the
condition laid down under Section 482 (2) of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
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