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Patna High Court

Rajesh Sharma @ Ranjesh SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners under Section 482(2) of the B.N.S.

Summary

The petitioners, Rajesh Sharma and Leela Devi, sought anticipatory bail after being implicated in a kidnapping case under Sections 137(2), 140(3) and 3(5) of the B.N.S. The informant alleged that her daughter had been kidnapped by the accused, but the petitioners contended they were innocent neighbours with no involvement. The prosecution could not demonstrate how the petitioners were linked to the alleged crime, and the petitioners presented clean antecedents. The State and the informant opposed the bail, arguing the seriousness of the accusations. Considering the lack of substantive evidence, the general nature of the accusation, and the petitioners' clean records, the court allowed anticipatory bail under Section 482(2) of the B.N.S., setting a bail bond of Rs.10,000 with two sureties each, for a period of eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under Sections 137(2), 140(3) and 3(5) of the B.N.S.
  • Whether the prosecution has established a prima facie case linking the petitioners to the alleged kidnapping
  • Whether the petitioners' clean antecedents justify the grant of anticipatory bail

Legislation cited

  • B.N.S. — s. 137(2), 140(3), 3(5), 482(2)

Subjects

  • anticipatory bail
  • kidnapping
  • false implication
  • clean antecedents
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1340 of 2026
                   Arising Out of PS. Case No.-318 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
           1.     Rajesh Sharma @ Ranjesh Sharma S/o Bilash Sharma Resident of Village-
                  Sukhasan Chakla, Ward No. 04, P.S.- Madhepura, District- Madhepura
           2.    Leela Devi W/o Rajesh Sharma @ Ranjesh Sharma Resident of Village-
                 Sukhasan Chakla, Ward No. 04, P.S.- Madhepura, District- Madhepura

                                                                                ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Rukaiya Devi W/o Dinesh Sada Resident of Village- Sukhasan Chakla Ward
                 No.4, P.S.- and District- Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners    :        Mr. Nafisu Zzoha, Advocate
                 For the State          :        Mr. Nawal Kishore Prasad, APP
                 For the Informant      :        Mr. Praveen Kumar Agrawal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   22-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. In compliance of the order dated 08.04.2026, the

                   Investigating Officer of this case is present in the Court today.

                                3. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 137(2),

                   140(3) and 3(5) of the B.N.S..

                                4. As per prosecution case, on 09.03.2025 at about 6

                   PM, when informant returned to her house after cutting grass,
Patna High Court CR. MISC. No.1340 of 2026(4) dt.22-04-2026
                                            2/3




          she found her daughter missing. Upon search, informant came

          to know that all the F.I.R. named accused persons, including

          these petitioners, have kidnapped daughter of informant.

                       5. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Petitioners are husband and wife

          and have got no concern with the alleged occurrence. In the

          F.I.R., the informant has not disclosed as to how she came to

          know that these petitioners are involved in kidnapping of her

          daughter. Petitioners are neighbours of informant and have

          falsely been implicated in this case. Moreover, the victim is

          living in Raibareli and has already solemnized marriage with

          another person. Petitioners claim clean antecedents.

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

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioners.

                       7. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials that

          have surfaced during investigation and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       8. Accordingly, in the event of arrest/surrender within
             Patna High Court CR. MISC. No.1340 of 2026(4) dt.22-04-2026
                                                         3/3




                       a period of eight weeks from today, let the above named

                       petitioners be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) each with two sureties of the like

                       amount each to the satisfaction of learned C.J.M., Madhepura in

                       connection with Madhepura P.S. Case No. 318 of 2025, subject

                       to condition as laid down under Section 482(2) of the B.N.S.S..

                                    9. Physical appearance of the Investigating Officer is

                       hereby dispensed with.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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