Patna High Court

Prince Kumar @ Prince RajversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court denied anticipatory bail to the petitioners.

Summary

The petitioners, Prince Kumar and Nitish Kumar, feared arrest in a criminal case registered under Sections 137(2) and 96 of the B.N.S., alleging kidnapping of a girl for marriage. An informant alleged that the petitioners, along with others, abducted his daughter, and the victim’s statement under Section 183 of the B.N.S.S. corroborated the prosecution’s case. The petitioners filed an application for anticipatory bail to avoid detention pending investigation. The learned counsel for the State opposed the bail, emphasizing the seriousness of the kidnapping allegation. After hearing both sides, the Court rejected the petition for anticipatory bail, concluding that the circumstances did not warrant such relief.

Issues considered

Whether anticipatory bail can be granted to the petitioners in a kidnapping case under Sections 137(2) and 96 of the B.N.S.
Whether the facts disclosed justify denial of anticipatory bail

Legislation cited

B.N.S. — s. 137(2), 96
B.N.S.S. — s. 183

Subjects

kidnapping
anticipatory bail
criminal procedure
B.N.S.
B.N.S.S.
Sections 137(2)
Section 96
Section 183

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1847 of 2026
                   Arising Out of PS. Case No.-19 Year-2025 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
           1.     Prince Kumar @ Prince Raj S/o Late Bijo Yadav R/o Village- Jogwani,
                  Jibachhpur Ward No.15, P.S- Gamhariya, Dist- Madhepura.
           2.    Nitish Kumar S/o Gunanand Chaudhary @ Chandra Kishor Chuudhary R/o
                 Village- Jogbani, P.S- Gamhariya, Dist- Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amarnath Jha
                 For the Opposite Party/s :      Mr.Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-01-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners apprehend their arrest in a case,

                   registered for offence punishable under Sections 137(2), 96 of

                   the B.N.S.

                                3. Informant suspects that these petitioners along with

                   other co-accused persons are alleged to have kidnapped his

                   daughter with intention to marry. The victim, in her statement

                   recorded under Section 183 B.N.S.S., has supported the

                   prosecution case and named these petitioners, as one of the

                   kidnappers.

                                4. Considering the nature of accusation, the prayer
           Patna High Court CR. MISC. No.1847 of 2026(2) dt.29-01-2026
                                                       2/2




                     for anticipatory bail of petitioners is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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