Patna High Court
Ricky @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Ricky Golu, was named as an accused in a kidnapping case under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, based on the allegation that he abducted the minor daughter of an informant on 10 September 2024. The victim was later recovered and, under Section 183 of the same code, gave a statement that she did not allege any wrongdoing by the petitioner. The petitioner contended that the specific charge of kidnapping pertained only to his co‑accused, Raushan Kumar, and that he had a clean antecedent. The State opposed the bail application, arguing the seriousness of the accusation. Considering the nature of the accusation, the victim’s exoneratory statement, and the petitioner’s clean record, the Court granted anticipatory bail, subject to a bond and sureties. The order also imposed conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the kidnapping allegation under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 3(5), 96
Subjects
- anticipatory bail
- kidnapping
- minor victim
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13753 of 2026
Arising Out of PS. Case No.-62 Year-2024 Thana- Mission District- Sheikhpura
======================================================
Ricky @ Golu Son of Bhaso Ram Resident of village - 26, Gaushala Road,
Samachak, Ps- Barbigha (Mission), Dist- Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vinay Prasad Sao son of late Narayan Sao Resident of village - Badapar, Ps-
Barbigha (Mission), Dist- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 137(2), 96, 3(5) of the
Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 10.09.2024
minor daughter of the informant went to attend tuition class but
did not return. Informant alleges that this petitioner along with
one other F.I.R. named accused person kidnapped his daughter.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of kidnapping is against co-accused Raushan Kumar.
Police after investigation submitted final form. During
Patna High Court CR. MISC. No.13753 of 2026(2) dt.27-04-2026
2/2
investigation, victim was recovered and her statement under
Section 183 BNSS was recorded where she did not allege any
wrong against the petitioner. Petitioner has been made accused
in this case merely because he was a friend of co-accused
Raushan Kumar. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation, statement of the
victim recorded under Section 183 BNSS and clean antecedent,
this anticipatory bail is allowed and it is ordered that let the
above named petitioner in the event of his arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged 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 District & Additional Sessions
Judge-cum-Special Court (POCSO Act), Sheikhpura in
connection with Barbigha (Mission) P. S. Case No. 62 of 2024,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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