Patna High Court
Shiv Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding insufficient evidence of kidnapping.
Summary
The petitioner, Shiv Shankar Kumar, sought regular bail in a case registered under sections 137(2), 140(1) and 3(5) of the Bihar Narcotic Substances Act (BNS) concerning the alleged kidnapping of a minor. The prosecution alleged that nine accused, including the petitioner, abducted the informant's son who had gone missing after visiting a momo shop. The petitioner contended he was innocent, citing the victim's statement under section 183 of the Bihar Narcotic Substances (Special) Act (BNSS) which indicated the minor was not kidnapped but was taken voluntarily to a brick kiln and later to Motihari. The victim’s statement also showed the petitioner’s involvement was limited to escorting the minor to the kiln, with no evidence of abduction. The State opposed bail, highlighting the petitioner’s two prior criminal antecedents. After hearing both sides, the court found the victim’s testimony undermined the kidnapping allegation and ordered the petitioner released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the kidnapping allegations under sections 137(2), 140(1) and 3(5) of BNS.
- Whether the victim's statement under section 183 of BNSS negates the prosecution's kidnapping charge.
- Whether the petitioner's prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 140(1), 3(5)
Subjects
- regular bail
- kidnapping
- minor
- judicial custody
- criminal antecedents
- Bihar Narcotic Substances Act
- Bihar Narcotic Substances (Special) Act
- section 183 statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14368 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
Shiv Shankar Kumar Son of Prabhu Mahto Resident of Village- Siwaipatti,
P.S.- Siwaipatti, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amir Alam, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 137(2),
140(1) and Section 3(5) of BNS.
3. The case of the prosecution is that the minor son of
the informant has gone to the momo shop in evening but he did
not return till night, he was being searched. The informant came
to know that nine named accused persons have kidnapped the
minor son of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that during course of
investigation, the victim was recovered and he has given his
Patna High Court CR. MISC. No.14368 of 2026(3) dt.06-04-2026
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statement recorded under Section 183 of BNSS wherein he has
stated that on 22.06.2025, one Mani Kumar met him where he
smoked cigarette and drank sting, after that, he got unconscious.
He went to the house of Prabhu Uncle. He has further stated that
this petitioner disclosed him that police has arrived at village
and took him towards brick kiln and from there, one Upendra
boarded him on a tempo and gave him Rs. 2000/-. From there,
he went to Motihari and likewise different places. Learned
counsel has submitted that from perusal of the statement of the
victim, it is clear that actually, he was not kidnapped by anyone
and as far as role of this petitioner is concerned, it has only been
stated by the victim that this petitioner has taken him near brick
kiln and from there, one Upendra has boarded him in a tempo.
Moreover, the petitioner is languishing in judicial custody since
04.12.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail and has submitted that petitioner is having two
criminal antecedents.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.14368 of 2026(3) dt.06-04-2026
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petitioner is directed to be released on bail in connection with
Siwaipatti P.S. Case No. 110 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., East Muzaffarpur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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