Patna High Court – Orders
Md Shahzad Alam @ Shahzad Bakko vs The State Of Bihar on 21 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81158 of 2024
Arising Out of PS. Case No.-182 Year-2023 Thana- DIGHWARA District- Saran
======================================================
MD SHAHZAD ALAM @ SHAHZAD BAKKO S/o Md. Tahid R/O VILL-
PANHAR, PS-KHODA GANJ, DIST-NALANDA
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bindu Devi W/o Dharmvart Shastri R/o vill and P.O.- Basti Jalal, P.S. -
Dighwara, Distt.- Saran
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 81309 of 2024
Arising Out of PS. Case No.-182 Year-2023 Thana- DIGHWARA District- Saran
======================================================
MD. NAUSHAD @ RAJU S/o Abid Bakkho @ Aabid Bakkh R/O VILL-
PANHAR, PS-KHODA GANJ, DIST-NALANDA
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bindu Devi W/o Dharmvart Shastri R/o vill and P.O. - Basti Jalal, P.S. -
Dighwara, Distt.- Saran
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 81158 of 2024)
For the Petitioner/s : Mr. Brajesh Shay, Advocate
Ms. Harshita, Advocate
Mr. Arifdaula Siddiquie, Advocate
Mr. Mahtab Alam, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
For Informant : Mr. Udai Shankar Singh, Advocate
(In CRIMINAL MISCELLANEOUS No. 81309 of 2024)
For the Petitioner/s : Mr. Brajesh Shay, Advocate
Ms. Harshita, Advocate
Mr. Arifdaula Siddiquie, Advocate
Mr. Mahtab Alam, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
For Informant : Mr. Udai Shankar Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 21-07-2025
Both these cases arise out of same P.S. and hence,
are being taken up together.
2. Heard learned counsel for the petitioners, learned
Patna High Court CR. MISC. No.81158 of 2024(5) dt.21-07-2025
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APP for the State and learned counsel for the informant.
3. The petitioners apprehend their arrest in connection
with Dighwara P.S. Case no.182 of 2023 registered under
sections 363, 366A and 34 of the Indian Penal Code and Section
4 of the POCSO Act.
4. The allegation in the F.I.R is that informant’s minor
daughter was kidnapped by accused persons while she was
going to school.
5. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the case. So far as
petitioner Md. Naushad @ Raju in Cr. Misc. No. 81309 of 2024
is concerned, he is not even named in the F.I.R and even victim
in her statement recorded under Section 164 of the Cr.P.C has
not taken the name of the petitioner. Further in the materials
collected during course of investigation, nothing substantial
seems to have transpired against him and the C.D.R and tower
location also do not reveal any complicity of this petitioner.
Further, he has no criminal antecedent.
6. So far as petitioner Shahzad Alam in Cr. Misc. No.
81158 of 2024 is concerned, although petitioner is named as an
accused in the F.I.R along with others, but the victim in her
statement took the name of co-accused Ganesh Kumar and not
Patna High Court CR. MISC. No.81158 of 2024(5) dt.21-07-2025
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the petitioner herein. The allegations against this petitioner are
not correct and the petitioner is no way connected with the
informant or her daughter.
7. The application for anticipatory bail is opposed by
learned A.P.P. for the State and learned counsel for the
informant. So far as petitioner Naushad @Raju is concerned, it
is submitted that his name has transpired in the statement of
victim recorded under Section 161 of Cr.P.C, however, they are
not in a position to refute the fact that he has neither been
named in the F.I.R nor in the statement under Section 164 of the
Cr.P.C. So far as petitioner Shahzad Alam is concerned, it has
been pointed out that besides his name being there as an accused
in the F.I.R and also in the statement of victim recorded under
Section 161 Cr.P.C, paragraph no. 87 of the case diary discloses
that tower location of this petitioner has been traced as per the
movement of the victim and further in paragraph no. 92 it is
further revealed that the petitioner was in continuous
conversation with co-accused Ganesh Kumar.
8. In view of the above, I am not inclined to grant
privilege of anticipatory bail to petitioner Shahzad Alam @
Shahzad Bakko in Cr. Misc. No. 81158 of 2024 and the
application is rejected.
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9. So far as Naushad @ Raju in Cr. Misc. No. 81309
of 2024 is concerned, he has neither been named in the F.I.R nor
in the statement of victim girl recorded under Section 161 as
well as 164 Cr.P.C, I am inclined to grant privilege of
anticipatory bail to the petitioner, namely, Naushad @ Raju in
the event of his arrest or surrender before the learned Court
below within a period of four weeks, in connection with
Dighwara P.S. Case no.182 of 2023 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court subject to the
condition laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T