Patna High Court
Bittu KuamrversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to anticipatory bail as the victim’s statement under Section 180 BNSS does not support the prosecution and the petitioner has a clean antecedent.
Summary
The petitioner, Bittu Kumar, sought anticipatory bail after being implicated in a case registered under Sections 137(2) and 87 of the BNS, 2023, for allegedly kidnapping a girl with intent to marry. He argued that he has a clean record, the allegations are false, and the victim, who is an adult and in a consensual relationship with him, gave a statement under Section 180 BNSS that does not support the prosecution. The State opposed the bail, contending the seriousness of the offences. The court, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 137(2) and 87 of the BNS, 2023.
- Whether the informant’s kidnapping allegation constitutes sufficient ground to deny bail.
- Whether the victim’s statement under Section 180 BNSS negates the prosecution’s case for denial of bail.
Subjects
- anticipatory bail
- kidnapping
- false implication
- Section 137
- Section 87
- Section 180
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18420 of 2026
Arising Out of PS. Case No.-614 Year-2025 Thana- BIHAR District- Nalanda
======================================================
Bittu Kuamr S/O Balmiki Ravidas R/O Village- Ahrama, P.S- Belchi, Distt.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr .Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 offences punishable under Sections 137(2) and
87 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 kidnapped his daughter with an intent to
marry.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is next submitted that petitioner and the victim
were known to each other and were in a relationship and are
major. It is also submitted that victim came back and her
Patna High Court CR. MISC. No.18420 of 2026(2) dt.01-04-2026
2/2
statement was recorded under Section 180 BNSS wherein she
has not supported the case of the prosecution, as pleaded at
Para-12 of the anticipatory bail application.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, 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 Bihar P.S. Case No. 614 of 2025 subject to the conditions
as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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