Patna High Court

Lalit Kumar @ Kaila @ Ravi KumarversusThe State of Bihar

Decided: 21 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The appeal is allowed and the order denying bail is set aside, with bail granted to the appellant.

Summary

The appellant, Lalit Kumar, appealed against the denial of bail by an Exclusive Special Judge under Section 142(2) of the Bihar Negotiable Instruments Act and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Offences) Act in a kidnapping case. The respondent alleged that the appellant abducted her son, while the appellant claimed the victim voluntarily accompanied him, supported by a statement under Sections 180 and 183 of the B.N.S. The State opposed bail, citing the appellant’s two prior criminal cases. After hearing both sides, the Patna High Court found the victim’s voluntary statement credible and deemed the kidnapping allegation insufficient to justify continued custody. Consequently, the court set aside the lower court’s order, granted bail on a bond of Rs.10,000 with two sureties, and allowed the appeal.

Issues considered

Whether bail should be granted to the appellant under Section 142(2) of the B.N.S. and the SC/ST (POA) Act in view of the alleged kidnapping.
Whether the victim’s statement under Sections 180 and 183 of the B.N.S. negates the kidnapping charge.
Whether the appellant’s prior criminal antecedents justify denial of bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 142(2), 180, 183

Subjects

bail
kidnapping
SC/ST (POA) Act
false implication
criminal antecedent
victim statement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5098 of 2025
                        Arising Out of PS. Case No.-151 Year-2025 Thana- RUPO District- Nawada
                 ======================================================
                 Lalit Kumar @ Kaila @ Ravi Kumar, S/O Vijay Singh R/O Village - Charaul,
                 P.S- Rupau,Dist- Nawada


                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Suma Devi, W/O Baldeo Manjhi, R/o Vill.- Kaushal Nagar, P.S- Rupau,Dist-
                 Nawada


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Pramod Kumar Verma, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   21-04-2026                  Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 03.12.2025 passed by learned Exclusive

                   Special Judge SC/ST (POA) Act, Nawada whereby the prayer

                   for bail of the appellant in connection with Rupau P.S. Case No.

                   151 of 2025 under Section 142(2) of the B.N.S. and Sections

                   3(1)(r)(s) and 3(2)(va) of SC/ST (POA) Act was rejected.

                               3. The case of the respondent, in short, is that the

                   appellant along with others have kidnapped the son of the

                   respondent.
Patna High Court CR. APP (SJ) No.5098 of 2025(3) dt.21-04-2026
                                             2/3




                       4. It is submitted by learned counsel for the appellant

          that appellant is innocent and he has been falsely implicated in

          this case. Learned counsel for the appellant has submitted that

          during course of investigation, the victim was recovered and he

          has given his statement under Sections 180 and 183 of the

          B.N.S.S. wherein he has stated that he has gone with Ravi

          Kumar (petitioner) with his own will to Gaya Ji. It has further

          been submitted that the son of the respondent has gone with the

          appellant with his own will, as such, the alleged allegations are

          not attracted against him. The appellant is languishing in

          judicial custody since 22.10.2025.

                       5. Learned Spl. P.P. for the State has vehemently

          opposed the appeal for bail and has submitted that the appellant

          is having criminal antecedent of two cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to allow this appeal. Accordingly, the appeal is allowed

          and the impugned order dated 03.12.2025 passed in connection

          with Rupau P.S. Case No. 151 of 2025 is hereby set aside.

                       7. The appellant is directed to be enlarged on bail in

          connection with Rupau P.S. Case No. 151 of 2025 on furnishing

          bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
             Patna High Court CR. APP (SJ) No.5098 of 2025(3) dt.21-04-2026
                                                          3/3




                       sureties of the like amount each to the satisfaction of the learned

                       Exclusive Special Judge SC/ST (POA) Act, Nawada.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T

Continue reading with your account

Checking your session…