Md. Asgar @ Dablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54337 of 2025 Arising Out of PS. Case No.-319 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Md. Asgar @ Dablu S/o Md. Yunus Vill.- Sahpur Baghauni, P.S.- Baini, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyanka Singh, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ballia P.S. Case No. 319 of 2021 dated 29.09.2021 registered for the offences punishable u/ss 363, 366A read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant by enticing her for the purpose of sale or other unlawful activities.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in this case during the course of investigation. It is further submitted that the specific allegation of

Patna High Court CR. MISC. No.54337 of 2025(2) dt.07-11-2025 2/2 kidnapping is against the co-accused, Md. Sabir @ Salman. As per the impugned order, the victim in her statement recorded under section 164 of Cr.P.C. has not supported the prosecution case. It is further submitted that the victim was not forced to have illicit relationship with another person. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The petitioner is in custody in this case since 01.06.2025. The co-accused persons have already been granted anticipatory bail by this Court vide order dated 29.11.2023 passed in Cr. Misc. No. 73223 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Ballia P.S. Case No. 319 of 2021.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T