Patna High CourtCR. MISC./39937/2025allowed

Tahir Hussain @ Tahir v. The State Of Bihar

2025-07-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39937 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- SIKTI District- Araria ====================================================== 1.

Tahir Hussain @ Tahir, Son of late Bechan Ali, R/o Vill- Dahagama, Ward no- 4, P.S- Sikati, Distt.- Araria 2.

Noor Mohammad, Son of Tahir Hussain, R/o Vill- Dahagama, Ward no- 4, P.S- Sikati, Distt.- Araria 3.

Firoz, Son of Tahir Hussain, R/o Vill- Dahagama, Ward no- 4, P.S- Sikati, Distt.- Araria 4.

Shamsad @ Md. Shamsad Alam, Son of Tahir Hussain, R/o Vill- Dahagama, Ward no- 4, P.S- Sikati, Distt.- Araria 5.

Irshad @ Irshad Ali, Son of Tahir Hussain, R/o Vill- Dahagama, Ward no- 4, P.S- Sikati, Distt.- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-07-2025 Heard Mr. Baleshwar Kamat, learned counsel for the petitioners and Mr. Anil Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sikti P.S. Case No.49 of 2025 instituted for the offence under Sections 137(2), 96 and 3(5) of BNS.

3. The case of the prosecution is that the petitioners have kidnapped the minor daughter of the informant. It is alleged that the victim is aged about 17 years. In the later part of

Patna High Court CR. MISC. No.39937 of 2025(3) dt.04-07-2025 2/3 the written application, the name of these petitioners has been added and it is alleged that they have helped Naushad in kidnapping.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the written application itself it is clear that the name of these petitioners has been added in the last part of the written application. It has also been argued by learned counsel for the petitioners that the occurrence is of 27.02.2025 whereas the F.I.R. has been lodged on 10.03.2025 after much delay. The delay is not explained.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sikti P.S. Case No. 49 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.39937 of 2025(3) dt.04-07-2025 3/3 like amount each to the satisfaction of learned J.M. 1st Class, Araria, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T