Md. Nasim @ Md. Nasim Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7686 of 2025 Arising Out of PS. Case No.-528 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.
Md. Nasim @ Md. Nasim Ahmad Son of Md. Hafij @ Abdul Hafij villageMurliganj, Ps- Murliganj, Dist- Madhepura 2.
Md. Shamshad @ Md. Shamshad Alam son of Md. Hafij @ Abdul Hafij village- Murliganj, Ps- Murliganj, Dist- Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Farin Jewa W/o- Md Firoz, R/O-RamTola, Baluwahi, Ward No-9, PSSrinagar, Dist-Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Ms. Pooja Prasad, Advocate For the State :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-11-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with K. Nagar (Sri Nagar) P.S. Case No. 528 of 2023 registered for the offences punishable under Sections 363, 366/34 of the IPC.
3. As per allegation, the petitioners along with other co-accused persons are said to have kidnapped the husband of the informant.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been
Patna High Court CR. MISC. No.7686 of 2025(5) dt.19-11-2025 2/3 implicated in this case. They are the persons of clean antecedents. It has further been submitted that there is delay of 21 days in lodging the FIR which has not been explained. He has further submitted that as per annexure-2 which is an agreement between the informant's husband and the petitioner, the informant's husband has taken Rs. 5 lakh but he did not returned the money and he falsely implicated the petitioner in the present case. It has further been submitted that petitioner's wife has also lodged a case against the alleged victim.
5. On the other hand, learned APP for the State has opposed the prayer for anticipatory bail and submitted that the victim has supported the prosecution case in his statement recorded under Section 164 of the Cr.P.C.
6. There is no explanation of delay of 21 days in lodging of the FIR. Admittedly, there was a transaction of money between the alleged victim and the petitioner. The alleged victim returned to his house himself.
7. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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
Patna High Court CR. MISC. No.7686 of 2025(5) dt.19-11-2025 3/3 satisfaction of learned C.J.M., Madhepura in connection with K. Nagar (Sri Nagar) P.S. Case No. 528 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of the BNSS, 2023.
(Nawneet Kumar Pandey, J) priyanka/- U T