Patna High Court

Gulshan KumarversusThe State of Bihar

Decided: 30 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The court refused bail, holding that the circumstances did not warrant the petitioner’s release.

Summary

The petitioner, Gulshan Kumar, applied for bail after being in judicial custody since 1 December 2025 for an alleged abduction of a minor under Section 96 of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioner lured the victim, a girl born in 2012, away from her home, and the victim’s statement under Section 183 BNSS claimed a marriage with the petitioner. The petitioner contended he has a clean record, the allegations are fabricated, and that Section 96 does not apply to him. The State argued that the victim is a minor, her statement lacks evidentiary value, and that the seriousness of the offence warrants denial of bail. The court, after considering the facts, declined to grant bail, finding the circumstances insufficient to justify release. Consequently, the bail petition was refused.

Issues considered

Whether bail should be granted to the accused under Section 96 of the Bharatiya Nyay Sanhita in a case involving alleged abduction of a minor.
Whether the victim’s statement recorded under Section 183 BNSS is admissible and carries evidentiary value.
Whether the alleged conduct falls within the ambit of an offence punishable under Section 96 of the Bharatiya Nyay Sanhita.

Legislation cited

Bharatiya Nyay Sanhita, 2023 — s. 183, 96

Subjects

bail
minor
abduction
Section 96
Bharatiya Nyay Sanhita
criminal procedure
evidentiary value
Section 183

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12327 of 2026
                  Arising Out of PS. Case No.-215 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
                 ======================================================
                 Gulshan Kumar Son of Tuntun Yadav @ Bhagat Ji Resident of village-
                 Parsawan P.S- Ramgarh Chowk Dist -Lakhisarai   ... ... Petitioner/s
                                                Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Anand, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-04-2026                        Heard Mr. Shailesh Anand, learned counsel for

                   the petitioner and Mr. Khurshid Anwar, learned A.P.P. for the

                   State.

                                   2. The petitioner seeks bail, who is in custody since

                   01.12.2025 in connection with Ramgarh Chowk P.S. Case No.

                   215 of 2025, FIR dated 24.11.2025 registered for the offence

                   under Section 96 of the Bharatiya Nyay Sanhita, 2023.

                                   3. According to the prosecution case, the informant

                   alleged that the petitioner abducted her minor daughter by luring

                   her, when she left her house for coaching.

                                   4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent and he has

                   falsely been made accused in this case and Section 96 of BNS is

                   not attracted against the petitioner. He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the
            Patna High Court CR. MISC. No.12327 of 2026(3) dt.30-04-2026
                                                        2/2




                      petitioner has not committed any offences as alleged in the

                      F.I.R. and the petitioner is rotting in judicial custody since

                      01.12.2025.

                                      5. Learned A.P.P. for the State, on the other hand,

                      has vehemently opposed the prayer for bail of the petitioner and

                      submits that the victim’s year of birth is 2012, which indicates

                      that she was a minor on the alleged date of occurrence and her

                      statement was recorded under Section 183 BNSS in which she

                      has stated that she had performed marriage with the petitioner.

                      However, it is pointed out that nowhere in the bail petition has

                      the petitioner mentioned that he had performed marriage with

                      the victim. He further submits that the victim is minor and her

                      statement has no evidentiary value in the eyes of law.

                                      6. Considering the facts and circumstances of the

                      case, I am not inclined to enlarge the petitioner on bail in

                      connection with Ramgarh Chowk P.S. Case No. 215 of 2025,

                      pending in the Court of Judicial Magistrate, 1st Class,

                      Lakhisarai.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T

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