Kalam @ Md. Kalam Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Kalam @ Md. Kalam Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the concerned Court below in Bansi P.S. Case No. 149 of 2025, subject to the condition that he co-operate in the trial by appearing personally or through his lawyer on every date fixed by the trial Court, failing which his bail bonds are cancellable.

Issue for consideration

Whether the petitioner, in custody since 24.08.2025 in Bansi P.S. Case No. 149 of 2025 (offence under Sections 87, 3(5) of the BNS) on an allegation that he kidnapped the victim, should be released on bail, with counsel asserting the matter involves consensual sex between two consenting adults.

Court's answer

Considering that the petitioner and the victim were in a relationship and that this was a case of consensual sex between two consenting adults, the bail application is allowed.

Ratio / Principle

The petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned concerned Court below, in connection with Bansi P.S. Case No. 149 of 2025.

Key takeaways

As a condition of the order, the petitioner, after being released on bail, must co-operate in the trial either by appearing personally or through his lawyer on each and every date fixed by the trial Court; non-compliance will result in cancellation of his bail bonds.ratio¶21

Detailed headnote1 paragraphs

Bail allowed — Patna High Court (Sandeep Kumar, J.), order dated 25-06-2026 in Criminal Miscellaneous No. 11548 of 2026, arising out of PS. Case No.-149, Year-2025, Thana BAUNSI, District Araria (Bansi P.S. Case No. 149 of 2025), offence under Sections 87, 3(5) of the BNS. Petitioner Kalam @ Md. Kalam, alleged to have kidnapped the victim and in custody since 24.08.2025, sought bail; his counsel asserted innocence and that the matter was one of consensual sex between two consenting adults. Holding that the petitioner and the victim were in a relationship and that this was a case of consensual sex between two consenting adults, the Court allowed the application and directed the petitioner's release on a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, conditioned on his co-operation in the trial by appearing personally or through his lawyer on each and every date fixed by the trial Court, non-compliance resulting in cancellation of the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11548 of 2026

Arising Out of PS. Case No.-149 Year-2025 Thana- BAUNSI District- Araria

======================================================

Kalam @ Md. Kalam Son of Astab Ali @ Astab Resident of VillagePhulsara, Ward No. 02, P.S.- Raniganj, District- Araria

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Binod Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

5 25-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Bansi P.S. Case No. 149 of 2025 registered for the offence under Sections 87, 3(5) of the BNS.

As per the prosecution case, the petitioner is said to have kidnapped the victim.

The petitioner is in custody since 24.08.2025. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is a major and from the statement of the victim girl, it appears to be a case of consensual sex between two consenting adults.

Considering the fact that the petitioner and the

Patna High Court CR. MISC. No.11548 of 2026(5) dt.25-06-2026 2/2

victim were in relationship and this a case of consensual sex between two consenting adults, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Bansi P.S. Case No. 149 of 2025.

As a condition of this order, the petitioner, after being released on bail, is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J)

Vikas/-

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