Patna High Court
Mukhlal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Mukhlal Kumar, applied for anticipatory bail after being named in an FIR alleging kidnapping of a minor girl, offences punishable under sections of the Bihar Narcotic Substances Act and the POCSO Act. He claimed innocence and argued that his inclusion was merely on suspicion, while the State highlighted his alleged participation, ownership of the motorcycle used, a victim statement under Section 183, and his prior criminal antecedent. The court examined the specific and direct nature of the accusations, the gravity of the offences involving a child, and the petitioner’s criminal history. Considering these factors, the court found no sufficient ground to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail given the specific accusations of kidnapping a minor under the B.N.S. and POCSO Acts
- Whether the petitioner’s ownership of the vehicle used in the alleged offence and his prior criminal antecedent justify denial of anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 137, 140, 183, 3, 351
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- anticipatory bail
- kidnapping
- minor
- POCSO Act
- criminal antecedent
- motorcycle ownership
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18118 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- GAUNAHA District- West Champaran
======================================================
Mukhlal Kumar S/o- Mahangu Faudar @ Mahangu Sahani Vill- Semra Sri
Rampur, Tola Majhauli Ps- Gaunaha Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o- yyy R/v- Bhitiharwa Ps- Gaunaha Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar Gupta, Advocate
For the State : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 137(2), 140(3),
351(2) and 3(5) of the B.N.S. and Sections 4 and 6 of the
POCSO Act.
3. As per F.I.R., all the F.I.R. named accused persons,
including this petitioner, kidnapped the minor daughter of
informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
Patna High Court CR. MISC. No.18118 of 2026(2) dt.04-05-2026
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this case merely on suspicion.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that he, along with other F.I.R.
named accused persons, kidnapped minor daughter of
informant. Petitioner is registered owner of the motorcycle
which was used in commission of the offence. The victim, in her
statement recorded under Section 183 B.N.S.S., has supported
the prosecution case. Petitioner has got one criminal antecedent.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and criminal antecedent of the petitioner, the prayer for
anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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