Patna High Court
MRITYUNJAY KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
Mrityunjay Kumar was arrested in connection with a kidnapping case (Kursela P.S. Case No. 253 of 2025) and charged under multiple sections of the B.N.S. The prosecution alleged that the minor victim was kidnapped by a person named Dharmendra, not the petitioner. The petitioner contended that he was falsely implicated, had no criminal record, and that the victim’s statement under Section 183 did not name him, only Dharmendra. He also pointed out that a co‑accused, Rakesh Kumar, had previously been granted bail in a similar case (Cr. Misc. No. 8601 of 2026). After hearing both sides, the court found no substantive reason to keep the petitioner in custody and ordered his release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the B.N.S.
- Whether the victim’s statement, which does not name the petitioner, negates the prosecution’s case
- Whether the petitioner’s lack of prior criminal record and similarity to a co‑accused granted bail warrant his release
Legislation cited
Subjects
- bail
- criminal procedure
- kidnapping
- minor victim
- false implication
- surety
- judicial custody
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10345 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Mrityunjay Kumar S/o Manoj Yadav @ Manoj Kumar R/o Vill.- Dhapri Tola,
P.S.- Haweli Kharagpur, Dist.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Keshri, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kursela P.S. Case No. 253 of 2025 registered for the
offence punishable under Sections 137(2), 140(3), 142, 97, 363,
366, 368, 369, 34, 61(2), 140(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
minor son of the informant was being kidnapped by one
Dharmendra.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He has further submitted that the victim boy has been
recovered and he has given his statement under Section 183 of
Patna High Court CR. MISC. No.10345 of 2026(4) dt.10-04-2026
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the B.N.S.S., from perusal of which it is clear that he has not
named this petitioner rather he has only named Dharmendra and
all the allegations are against Dharmendra. He has further
submitted that similarly situated co-accused, namely, Rakesh
Kumar has been granted bail by this court vide Cr. Misc. No.
8601 of 2026. The case of this petitioner stands on similar
footing. Moreover, the petitioner is having no criminal
antecedent and he is languishing in judicial custody since
09.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Katihar in connection with Kursela P.S. Case No. 253 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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