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Patna High Court

Lalan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding no sufficient ground to keep him in custody.

Summary

Lalan Kumar, a 22‑year‑old, was arrested on 25 July 2025 in connection with an alleged kidnapping of the minor daughter of an informant. He was charged under Sections 96 and 3(4) of the Bharatiya Nyaya Sanhita, and a statement from the victim was recorded under Section 183 of the same code. The petitioner applied for regular bail, claiming innocence, a clean criminal record, and no risk of absconding or tampering with evidence. The State and the informant opposed the bail, relying on the seriousness of the alleged offence and the victim's statement. The court considered the victim’s statement, the petitioner’s age, lack of prior convictions, and the length of custody, and concluded that these factors did not warrant continued detention. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Sections 96 and 3(4) of the Bharatiya Nyaya Sanhita for alleged kidnapping of a minor
  • Whether the victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita precludes the grant of bail
  • Whether the accused poses a risk of absconding or tampering with evidence

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • Bharatiya Nyaya Sanhita
  • regular bail
  • victim statement
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1171 of 2026
                    Arising Out of PS. Case No.-89 Year-2025 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
                 Lalan Kumar Son of Mahadev Bhagat R/o Village - Ratanpura, P.S. -
                 Bhagwanpur, Dist. - Vaishali.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Basant Kumar Son of Bhulan Bhagat R/o Village - Ratanpura, P.S. -
                 Bhagwanpur, Dist. - Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Alok Kumar Alok, Advocate
                 For the State              :     Mr. Rajiv Nayan, APP
                 For the Informant          :     Mr. Akhilesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   23-02-2026                          Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioner seeks regular bail in a case registered

                   for the offences punishable under Sections 96 and 3(4) of the

                   Bharatiya Nyaya Sanhita.

                                 3. It is alleged that petitioner kidnapped the minor

                   daughter of the informant.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Further submission is that the victim in her

                   statement recorded u/s 183 of B.N.S.S. has not made any

                   allegation against the petitioner. The charge-sheet has already
            Patna High Court CR. MISC. No.1171 of 2026(3) dt.23-02-2026
                                                        2/2




                      been submitted after completion of investigation. Petitioner is a

                      young boy of 22 years and he is in custody since 25.07.2025.

                      Petitioner has no criminal antecedent and he undertakes to co-

                      operate in the trial. There is no chance of absconding of the

                      petitioner or tampering with the evidence.

                                   5. Learned A.P.P. for the State and learned counsel for

                      the informant oppose the bail application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, statement of the victim recorded u/s 183 of

                      B.N.S.S., age of the petitioner, clean antecedent and period of

                      custody, let the above named petitioner be released on bail on

                      furnishing bail bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Special Court POCSO-cum-A.D.J.-VI, Vaishali at Hajipur in

                      connection with Bhagwanpur P.S. Case No. 89 of 2025.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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