Hasnain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71901 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- BAIRGACHHAI District- Araria ====================================================== Hasnain S/o Md. Samim @ Shamim Ahmad Resident of village- Rampur Mohanpur, Ward No. 09, P.S.- Bairgachhi, Dist.- Araria (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigank Mouli, Sr. Advocate Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(2), 96 and 3(5) of the BNS.
3. The case of the prosecution in short is that the petitioner along with other persons have kidnapped the minor daughter of the informant. During course of investigation, the victim was recovered. The victim has given her statement under Section 183 of the BNSS wherein she has stated that she knows the petitioner from last 2-4 months. On 19.06.2025, this petitioner came behind the house of the victim at around 01:00 A.M. and called her. Thereafter he forcefully took the victim on
Patna High Court CR. MISC. No.71901 of 2025(2) dt.14-10-2025 2/3 a motorcycle to Araria. Thereafter both of them boarded on a bus and left for Darbhanga. In Darbhanga, both of them boarded a bus and reached Patna.
4. Learned counsel for the petitioner has submitted that the occurrence is of 18.06.2025 but the FIR has been lodged on 19.06.2025. There is delay of one day and that delay is not explained. It has also been submitted by the learned counsel for the petitioner that though the victim has stated that she was taken forcefully by this petitioner but it is not possible for a person to board a person forcefully on a bike and take her to a remote place. Moreover, both were knowing each other from 24 months. Learned counsel for the petitioner has lastly submitted that the petitioner is a man of clean antecedent and is in judicial custody since 20.06.2025.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bairgachhi P.S. Case No. 71 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.71901 of 2025(2) dt.14-10-2025 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Araria.
(Ashok Kumar Pandey, J) durgesh/- U T