Patna High Court
Babbi Kumar @ Bobby Kumar @ BabbiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Babbi Kumar, was arrested in connection with a kidnapping case (PS Case No. 264 of 2025) under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he kidnapped a girl, but the victim’s statement recorded under Section 180 of the same Act indicated that she left her house voluntarily and the petitioner was not involved. The petitioner, who had been in custody since 20 September 2025, applied for regular bail, claiming innocence. The State opposed the bail application. After considering the victim’s statement and the circumstances, the Court found no substantive basis to continue detention and allowed the regular bail application, directing the petitioner to be released on bail with a cash bond of Rs. 10,000 and two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused in a kidnapping case when the victim’s statement disavows the alleged abduction.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 180, 96
Subjects
- kidnapping
- regular bail
- victim statement
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17556 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Babbi Kumar @ Bobby Kumar @ Babbi Son of Shiv Kumar Ram R/o
Bardiha Turki, P.S.- Patepur, District- Vaishali, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ramesh Kumar S/o Pramod Kumar Gupta Resident of Village and P.S.-
Bhagwanpur, District- Vaishali, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Chandra
For the Opposite Party/s : Mr. Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bhagwanpur P.S. Case No. 264 of 2025 registered for the
offence under Section(s) 137(2) and 96 of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 20.09.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.17556 of 2026(2) dt.19-03-2026
2/2
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. The victim girl in her
statement recorded under Section 180 BNSS has said that she
had left her house on her will and the petitioner was not
involved in the crime.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bhagwanpur P.S.
Case No. 264 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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