Patna High Court

Hasan RajaversusThe State of Bihar

Decided: 24 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, Hasan Raja, Abdul Khalique and Md. Saddam Hussain, sought anticipatory bail fearing arrest in a case registered under Sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita. They were accused of abducting the wife and child of an informant, but the informant later reported that the alleged victims had eloped due to an extra‑marital affair. The petitioners argued they had no involvement, the FIR lacked a clear objective, and they possessed a clean antecedent. The State opposed the bail, contending the seriousness of the allegations. Considering the nature of the accusation, the absence of concrete evidence, and the petitioners' clean record, the court granted anticipatory bail, directing them to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted in a case under Sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita.
Whether the allegations constitute a cognizable offence justifying arrest.
Whether the petitioners' clean antecedent and lack of a clear FIR objective warrant bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 140(3), 3(5)

Subjects

anticipatory bail
abduction
extra‑marital affair
clean antecedent
bail bond
sureties
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90379 of 2025
                         Arising Out of PS. Case No.-324 Year-2024 Thana- BAISI District- Purnia
                 ======================================================
           1.     Hasan Raja Son of Md. Abid Resident of Village - Harintor, P.S.- Baisi,
                  District - Purnea.
           2.    Abdul Khalique @ Khalique Son of Md. Kuddus Resident of Village
                 -Harintor, P.S.- Baisi, District - Purnea.
           3.    Md. Saddam Hussain @ Saddam Hussain Son of Md. Jhubra Munshi @
                 Ghulam Sadi Resident of Village - Harintor, P.S.- Baisi, District - Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Brisketu Sharan Pandey, Advocate
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-03-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 140(3), 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. It is alleged that these petitioners abducted the wife

                   and child of informant. On 28.10.2024, informant got

                   information that wife and child of the informant are lying on the

                   side of railway line but upon reaching there, informant did not

                   find anyone.

                                4. Learned counsel for the petitioners submits that
            Patna High Court CR. MISC. No.90379 of 2025(3) dt.24-03-2026
                                                        2/2




                      petitioners are innocent and have committed no offence. As a

                      matter of fact, wife of the informant was having extra-marital

                      affair and has eloped with her partner. Even if entire allegation

                      is taken to be true, no objective has been stated by the informant

                      in the F.I.R. to commit the offence. After investigation, police

                      submitted final form against these petitioners. Petitioners claim

                      clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the nature of accusation and clean

                      antecedent, this anticipatory bail is allowed and it is ordered that

                      let the above named petitioners in the event of their

                      arrest/surrender before the court below within a period of eight

                      weeks from today, be enlarged 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 Sub-Divisional Judicial

                      Magistrate, Purnea in connection with Baisi P. S. Case No. 324

                      of 2024, subject to condition as laid down under Section 482(2)

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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