Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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
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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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