Patna High Court
Dhiraj Kumar @ Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court found the allegations specific, direct, and supported by the victim’s statement.
Summary
The petitioner, Dhiraj Kumar, was arrested on 31 August 2025 in connection with a kidnapping case (PS Case No. 367 of 2025) and charged under Sections 137(2), 87, 61(2) and 3(5) of the B.N.S., 2023. He applied for bail, claiming a clean record and that the allegations were fabricated and based only on suspicion. The State opposed bail, highlighting a victim’s statement recorded under Section 164 of the Cr.P.C. (and Section 183 of the B.N.S.S.) that fully supported the prosecution, and noting that the petitioner was apprehended at the same location where the victim was recovered. The Court examined the specific and direct allegations and the victim’s corroborated testimony. Concluding that the circumstances did not warrant bail, the Court refused the petitioner's bail application.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case where the victim’s statement under Section 164 Cr.P.C. supports the prosecution.
Legislation cited
- B.N.S. — s. 137(2), 3(5), 61(2), 87
- B.N.S.S. — s. 183
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- bail
- kidnapping
- victim statement
- Criminal Procedure Code
- B.N.S.
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16624 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Dhiraj Kumar @ Dheeraj Kumar Son of Ramnath Sah Resident of Village-
Kharidi, ward no. 12, P.S.- Matihani, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the State : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Sandip Kumar Gautam, learned counsel
for the petitioner, and Mr. Nagendra Prasad, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
31.08.2025, in connection with Ballia (Balliya) P.S. Case No.
367 of 2025, F.I.R. dated 30.08.2025 registered for the offences
punishable under Sections 137(2), 87, 61(2), 3(5) of the B.N.S.,
2023.
3. Allegation against the petitioner is that he along
with other co-accused persons have kidnapped the informant’s
sister.
4. Learned counsel for the petitioner submits that
the petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.16624 of 2026(2) dt.16-03-2026
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allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
and the petitioner has been made accused merely on the basis of
suspicion.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim was recorded under
Section 164 of the Cr. P.C./183 of the B.N.S.S. in which she has
fully supported the case of the prosecution and apart from
aforesaid the victim has been recovered and the petitioner was
also arrested from the same place, same room in Mahakalika
Hotel, Begusarai.
6. Considering the aforesaid facts and circumstances
of the case and there is specific and direct allegation against the
petitioner, I am not inclined to enlarge the petitioner on bail in
connection with Ballia (Balliya) P.S. Case No. 367 of 2025
pending in the Court of learned Judicial Magistrate 1 st Class,
Begusarai.
7. Prayer is refused.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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