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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail as the victim’s statement indicated a voluntary elopement, rendering the bail application allowable.

Summary

Manish Kumar was arrested in connection with a kidnapping allegation under Section 96 of the B.N.S. Act, 2023, accused of abducting the minor daughter of an informant. The petitioner claimed innocence, cited a clean record, and argued that the victim’s statement indicated she had voluntarily eloped with him. The State opposed bail, but the court considered the victim’s testimony and the circumstances of custody. The court concluded that the petitioner was entitled to regular bail. Accordingly, bail was granted on a bond of Rs.10,000 with two sureties, with a note that the observations were prima facie and not determinative of the trial’s merits.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 96 of the B.N.S. Act, 2023 despite the kidnapping allegation.
  • Whether the victim’s statement of elopement justifies granting bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • elopement
  • criminal procedure
  • B.N.S. Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10467 of 2026
                         Arising Out of PS. Case No.-544 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Manish Kumar Son of Binod kumar Resident Of Mohalla-jamunapur,P.S-
                 Malsalami, District -patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dineshwar Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Renuka Ratnakar (App 125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   06-04-2026                    Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Bypass P.S. Case No. 544 of 2025, registered for the offence

                   under Section 96 of the B.N.S. Act, 2023.

                                3. The allegation against the petitioner is that he had

                   kidnapped the minor daughter of the informant with ill motive.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 11.11.2025 and has clean

                   antecedent.

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

                   opposed the prayer for bail.

                                6. Considering the aforesaid facts and circumstances

                   of the case and also from the statement of the victim girl it
            Patna High Court CR. MISC. No.10467 of 2026(3) dt.06-04-2026
                                                        2/2




                      appears that she had eloped with the petitioner, period of

                      custody, this application for regular bail is allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned A.C.J.M., Patna/concerned court

                      below in connection with Bypass P.S. Case No. 544 of 2025.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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