Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. Act, 2023 — s. 96
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
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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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