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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Chandan Kumar, was arrested in connection with a kidnapping case (PS Jandaha case No.525/2025) alleged under sections 137(2) and 96 of the BNS. The prosecution claimed he kidnapped the minor daughter of an informant. The petitioner asserted his innocence, noting that the alleged victim was recovered, gave a statement under Section 183 of the BNSS that she had gone to her aunt’s house and was not kidnapped, and a medical report placed her age at 18‑20 years. He had been in judicial custody since 9 December 2025 and had no prior criminal record. The State opposed the bail application, but the court, after considering the facts, granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail can be granted to the accused under sections 137(2) and 96 of BNS given the victim's statement and lack of antecedent
  • Whether the victim's age and statement under Section 183 BNSS negate the kidnapping allegation

Legislation cited

  • BNS — s. 137(2), 96
  • BNSS — s. 183

Subjects

  • regular bail
  • kidnapping
  • minor
  • section 137(2) BNS
  • section 96 BNS
  • section 183 BNSS
  • victim statement
  • no criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20686 of 2026
                      Arising Out of PS. Case No.-525 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Chandan Kumar Son of Nageena Sahni Resident of village- Marui, P.S.
                 -Jandaha (Mahisaur), Jandahar (Mahisaur), District- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Ramchandra Mandal Son of Late Sukhlal Mandal Resident of village-
                 Kapsara, ps- jandaha, (Mahisaur), Dist- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravish Mishra, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 137(2) and

                   96 of BNS.

                                3. The case of the prosecution is that the petitioner has

                   kidnapped the minor daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel      for    the    petitioner     has     submitted       that    during

                   investigation, the victim was recovered and she has given her

                   statement recorded under Section 183 of BNSS wherein she has
            Patna High Court CR. MISC. No.20686 of 2026(2) dt.01-04-2026
                                                        2/2




                      stated that she has gone to her aunt’s house and no one has

                      kidnapped her. Learned counsel has submitted that her medical

                      was conducted and the age of the victim is assessed to be 18-20

                      years by the doctor. Moreover, the petitioner is languishing in

                      judicial    custody       since    09.12.2025        having   no   criminal

                      antecedent.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Jandaha ( Mahisaur) P.S. Case No. 525 of 2025 on furnishing

                      bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned District and

                      Additional Sessions Judge – Sixth- cum- Special Judge POCSO,

                      Vaishali at Hajipur.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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