Patna High Court
Nitesh ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Nitesh Thakur, sought anticipatory bail fearing arrest in a case (Madhuban P.S. Case No. 67 of 2025) alleging kidnapping under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act. The prosecution alleged that the petitioner participated in the kidnapping of the victim. The petitioner contended his innocence and highlighted that the main accused, Nitesh Kumar, had already been granted anticipatory bail in a related matter. The State opposed the bail application. The Court, after considering the facts, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in a case involving alleged kidnapping and offences under the POCSO Act.
- Whether the prior grant of anticipatory bail to another accused in a related case influences the present bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15151 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
Nitesh Thakur Son of Brij Kishore Thakur Resident of Village - Lahi, P.S.-
Madhuban, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rekha Devi Wife of Vinod Thakur R/o Village - Bara Mangaru, P.S.-
Madhuban, District - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Samir Kumar
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Madhuban P.S. Case No. 67 of 2025 registered for offences
under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 8 of the POCSO Act.
3. As per the prosecution case, the petitioner and
others are said to have kidnapped the victim.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the main accused Nitesh Kumar, with
whom the victim had eloped, has already been granted
Patna High Court CR. MISC. No.15151 of 2026(2) dt.10-03-2026
2/2
anticipatory bail by this Court vide order dated 19.02.2026
passed in Cr. Misc. No. 48887 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Bind P.S. Case No. 67 of 2025 subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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