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Patna High Court

Jitu Kumar @ Jeetu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Jitu Kumar, sought anticipatory bail fearing arrest in a case registered under Section 137(2) of the Bihar Narcotic Substances Act, 2023, alleging his involvement in the kidnapping of a 17‑year‑old girl. He claimed a clean record and asserted that the informant, who initially implicated him, later withdrew her statement under Section 183 of the BNSS, thereby not supporting the prosecution. The petitioner argued that the allegations were false and that, if granted bail, he would cooperate with the investigation rather than abscond. The State opposed the bail application. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) BNSS in a case of alleged kidnapping under Section 137(2) BNSS.
  • Whether the withdrawal of the victim's statement under Section 183 BNSS negates the prosecution's case.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • false implication
  • Section 137
  • Section 438
  • Section 482
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18239 of 2026
                    Arising Out of PS. Case No.-297 Year-2024 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Jitu Kumar @ Jeetu Kumar S/O Akhilesh Sahni @ Akhilash Sahni Resident
                 of village- Buchoule/ Dulaur, P.S.- Jandaha, District- Vaishali
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  1. 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 the offence punishable under Section 137(2) of the

                   BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that petitioner along with named accused persons

                   kidnapped her minor daughter aged about 17 years.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is further submitted that petitioner and the

                   informant were known to each other and the victim has come

                   back and her statement was recorded under Section 183 BNSS

                   wherein she has not supported the case of the prosecution. It is
           Patna High Court CR. MISC. No.18239 of 2026(2) dt.14-05-2026
                                                       2/2




                     next submitted that even presuming what has been alleged is

                     true without admitting then the victim had reached the age of

                     discretion. It is also submitted that if the privilege of

                     anticipatory bail is granted to the petitioner, the petitioner will

                     not abscond rather will cooperate in the investigation to prove

                     his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, let the petitioner,

                     above-named, in the event of his arrest or surrender within a

                     period of six weeks from today, 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

                     the learned Trial Court where the case is pending/Successor

                     Court in connection with Ujiarpur P.S. Case No. 297 of 2024,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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