Md. Kaishar @ Kaishar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7514 of 2025 Arising Out of PS. Case No.-42 Year-2024 Thana- AMAUR District- Purnia ====================================================== Md. Kaishar @ Kaishar Alam Son of Sameer @ Sameeruddin, Resident of Village - Machkattha, Police Station - Amour, District - Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikram Singh, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Amour P.S.Case No.42 of 2024, registered for the offences punishable under Sections 363, 366(A), 504 and 506/34 of the Indian Penal Code .
3. As per the allegation made in the FIR, the petitioner along with another co-accused, Md. Massom kidnapped the daughter of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he is the co-villager. The victim at her own will had eloped with coaccused, Md. Massom and the said Md. Massom has been released on regular bail by a Co-ordinate Bench of this Court,
Patna High Court CR. MISC. No.7514 of 2025(2) dt.28-03-2025 2/3 vide order dated 18.09.2024 passed in Cr. Misc. No.45831 of 2024. Learned counsel further submitted that the victim in her statement recorded under Section 164 Cr.P.C. has not taken the name of the petitioner.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of the allegation made in the FIR against the petitioner and the statement of the victim girl recorded under Section 164 Cr.P.C. that the petitioner was driving the motorcycle on which the coaccused Md. Massom was holding her (victim), the petitioner has made out prima facie a case to be released on bail. The petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea /concerned court, in connection with Amour P.S.Case No.42 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the
Patna High Court CR. MISC. No.7514 of 2025(2) dt.28-03-2025 3/3 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T