Patna High Court

Md. Tabarak Hussain @ Tabarak @ Tabarak HussainversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail cannot be granted where the nature of the accusation and the victim’s statement under Section 183 of the Bihar Narcotic Substances Act, 2023, indicate a serious offence.

Summary

The petitioner, Md. Tabarak Hussain, was accused of kidnapping a 14‑year‑old girl, the minor daughter of an informant, along with a co‑accused. The FIR alleges that the informant was abused and threatened when he approached the accused. The victim’s statement was recorded under Section 183 of the Bihar Narcotic Substances Act, 2023, supporting the prosecution. The petitioner applied for anticipatory bail, fearing arrest under Sections 137(2), 96, 352, 351(2) and 3(5) of the same Act. The Court examined the seriousness of the allegations and the victim’s statement, and consequently rejected the petition for anticipatory bail.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case involving kidnapping and related offences under the Bihar Narcotic Substances Act, 2023.
Whether the victim’s statement recorded under Section 183 of the Bihar Narcotic Substances Act, 2023, bars the grant of anticipatory bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 137(2), 183, 3(5), 351(2), 352, 96

Subjects

anticipatory bail
kidnapping
child victim
Bihar Narcotic Substances Act
Section 183
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91730 of 2025
                        Arising Out of PS. Case No.-562 Year-2024 Thana- ARARIA District- Araria
                 ======================================================
                 Md. Tabarak Hussain @ Tabarak @ Tabarak Hussain S/o Januddin R/o
                 Village - Madheli, Ward No. 9, P.S - Jalalgadh, District - Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mrigendra Kumar
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 137(2), 96,

                   352, 351(2) and 3(5) of the B.N.S., 2023.

                                3. As per F.I.R., this petitioner along with co-accused

                   Sohrab forcibly kidnapped minor daughter of the informant and

                   when informant went to house of these accused, he was abused

                   and threatened by family members of accused persons. The

                   victim, in her statement recorded under Section 183 B.N.S.S.,

                   has supported the prosecution case. The age of the victim is 14

                   years.

                                4. Considering the nature of accusation and statement

                   of victim recorded under Section 183 B.N.S.S., the prayer for
           Patna High Court CR. MISC. No.91730 of 2025(2) dt.20-01-2026
                                                       2/2




                     anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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