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Patna High Court

MRITYUNJAY KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

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

  • B.N.S. — s. 137(2), 140(2), 140(3), 142, 34, 3(5), 363, 366, 368, 369, 61(2), 97
  • B.N.S.S. — s. 183

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
                                                       2/2




                     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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