Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied.
Summary
The petitioners, Vicky Kumar and Aashik Kumar, applied for anticipatory bail in a case (Bodhgaya P.S. Case No. 413 of 2025) where they were alleged to have assisted a suspect in fleeing with a minor girl. The prosecution had lodged an FIR under Section 96 of the Bhartiya Nyaya Sanhita, 2023, and the minor victim had not been recovered. The petitioners claimed innocence, clean antecedents, and willingness to comply with any conditions. The State opposed bail, noting the minor victim remained missing. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, directing the petitioners to surrender within six weeks or upon the victim's recovery, after which a bail application would be considered on its merits. The court’s order emphasized that the surrender‑cum‑bail would be decided without prejudice from the denied anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 96 of the Bhartiya Nyaya Sanhita, 2023 in the absence of the recovered minor victim.
- Whether the court can condition surrender on the recovery of the alleged minor victim.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 96
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- anticipatory bail
- Section 96 BNS 2023
- minor victim
- surrender
- bail application
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12499 of 2026
Arising Out of PS. Case No.-413 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Vicky Kumar Son of Balchand Manjhi R/o Village - Suryapura, P.S. -
Bodhgaya, District - Gaya
2. Aashik Kumar Son of Littu Manjhi R/o Village - Suryapura, P.S. -
Bodhgaya, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sukriti Kumari, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Bodhgaya P.S. Case No. 413 of 2025, dated
08.06.2025, lodged under Section 96 of the Bhartiya Nyaya
Sanhita, 2023 (hereinafter referred to as “BNS, 2023”), pending
before the Court of C.J.M., Gaya.
3. As per the prosecution, an FIR has been lodged
against the petitioners and others alleging that they helped the
accused person with whom the minor daughter of the informant
fled away.
Patna High Court CR. MISC. No.12499 of 2026(2) dt.12-03-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that, till date, recovery has not been
made and the investigation is pending. Counsel further submits
that the criminal antecedents of the petitioners are clean and
they are ready to fulfill all the conditions whatsoever shall be
imposed by this Court.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the alleged minor victim
could not be recovered till date.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioners.
Accordingly, the prayer for anticipatory bail of the petitioners is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of six weeks from today or upon
recovery/return of the alleged victim girl, whichever is earlier.
In the event the alleged victim girl is recovered/returns, her
statement under Section 164 of the CrPC shall be recorded and,
if the petitioner surrenders within the aforesaid period, the Trial
Court shall consider and pass order on the surrender-cum-bail
application of the petitioner on the same day, without being
Patna High Court CR. MISC. No.12499 of 2026(2) dt.12-03-2026
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prejudiced by the fact that the anticipatory bail application of
the petitioner has been rejected by this Court, and the same shall
be decided on its own merits in accordance with law.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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