Firoz Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39711 of 2025 Arising Out of PS. Case No.-208 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Firoz Shah S/O Shahbu Shah @ Sahaju Shah R/O Mohalla Sanjivan Dargah (Sajivan Dargah) P.S- Kurtha, Distt.- Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X D/O Faruqe Shah R/O Village- Sanjivan Dargah, P.S- Kurtha, Distt.- Arwal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-09-2025 Heard Mr. Paras Nath, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 24.07.2023 in connection with Special POCSO Case No. 59 of 2023 arising out of Kurtha P.S. Case No. 208 of 2023, F.I.R. dated 23.06.2023 for the offences punishable under Sections 366A, 504, 506 and 34 of the IPC and Section 4 of the POCSO Act.

3. According to prosecution case, the petitioner is said to have abducted the minor daughter of the informant with the assistance of other co-accused persons.

4. Earlier, the prayer for bail of the petitioner was rejected

Patna High Court CR. MISC. No.39711 of 2025(3) dt.10-09-2025 2/3 by the co-ordinate Bench of this Court vide order dated 30.01.2024 passed in Cr. Misc. No. 63121 of 2023. Thereafter the petitioner has moved before this Court for grant of regular bail in Cr. Misc. No. 57445 of 2024 but the same got rejected vide order dated 13.09.2024.

5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present. He further submits that the petitioner is in custody since 24.07.2023 and the trial has not been concluded as yet.

6. Vide order dated 02.07.2025, a report was called for with regard to the present stage of trial. Report of the learned Trial Court dated 31.07.2025 reveals that out of four chargesheet witnesses, three witnesses have been examined and the case is pending for the examination of one prosecution witness.

7. The learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

8. Considering the report of the learned Trial Court as well as allegation as alleged in the FIR, I am not inclined to enlarge the petitioner on bail in connection with Special POCSO Case No. 59 of 2023 arising out of Kurtha P.S. Case No. 208 of 2023 pending in the court of learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO, Jehanabad.

Patna High Court CR. MISC. No.39711 of 2025(3) dt.10-09-2025 3/3

9. Prayer is refused.

10. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) priyanka/- U T