Patna High Court

Punit KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted bail to the petitioner, holding that the allegations primarily target the co‑accused and the petitioner is not named in the victim’s statement.

Summary

The petitioner, Punit Kumar, applied for bail in a criminal case (Criminal Miscellaneous No. 65933 of 2025) registered under Sections 137(2), 140(3) and 3(5) of the B.N.S. for allegedly abducting the sister of an informant. The victim, a minor of 17/18 years, was examined under Section 183 of the B.N.S.S. and stated that the alleged abduction involved her husband Sujit Kumar, with no reference to the petitioner. The petitioner argued that he was implicated merely because he is the brother of the co‑accused and that the thrust of the prosecution is against Sujit Kumar. The Additional Public Prosecutor opposed bail, but the court noted that the petitioner’s name does not appear in the victim’s statement and the primary allegation is against the co‑accused. Considering these facts, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
Whether the absence of the petitioner’s name in the victim’s statement under Section 183 of the B.N.S.S. negates the necessity of continued custody
Whether the prosecution’s case against the co‑accused suffices to justify denial of bail to the petitioner

Legislation cited

B.N.S. — s. 137(2), 140(3), 3(5)
B.N.S.S. — s. 183

Subjects

bail
abduction
minor
Section 137
Section 140
Section 3
Section 183
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65933 of 2025
                  Arising Out of PS. Case No.-146 Year-2025 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Punit Kumar S/O O. P. Yadav @ Upendra Yadav R/O Village- Paharpur,
                 alleged to R/o Village- Hussaina, P.S.- Mednichowki, District- Lakhisarai.
                                                                             ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Birju Kumar S/O Alok Singh R/O - Nandpur, P.S.- Surajgarha, Dist.-
                  Lakhisarai
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   19-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 137(2), 140(3), 3(5) of the

                   B.N.S.

                                3. Petitioner along with other accused persons are said

                   to have abducted the sister of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been made accused on account of the fact that he

                   happens to be the brother of the co-accused Sujit Kumar with

                   whom the victim was having a love affair. The victim after her

                   recovery has also been examined under Section 183 of the

                   B.N.S.S. wherein her age has been recorded to be 17/18 years

                   and she has admitted that she was in a relationship with the co-
             Patna High Court CR. MISC. No.65933 of 2025(6) dt.19-02-2026
                                                         2/2




                       accused Sujit Kumar with whom she has also married and she is

                       very happy. The name of the petitioner has not even been

                       whispered in the entire statement. The petitioner is in custody

                       since 02.06.2025 and the charge-sheet has already been

                       submitted.

                                    5. Learned APP for the State has opposed the

                       application for bail.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the fact that the thrust of the

                       allegation is against co-accused Sujit Kumar and the petitioner

                       is not even named in the statement of the victim under Section

                       183 of the B.N.S.S., let the above named petitioner, be enlarged

                       on bail 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 in connection with Suryagarha P.S.

                       Case No. 146 of 2025.



                                                 (Soni Shrivastava, J)
devendra/-

U      T

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