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Patna High Court

Lalu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Lalu Kumar was arrested on 14 July 2025 in connection with a kidnapping case involving the minor daughter of an informant, alleged under Sections 137(2) and 96 of the B.N.S. The prosecution claimed the kidnapping was for the purpose of marriage, but the victim’s statement recorded under Section 183 of the B.N.S. did not support the charges. The petitioner argued he has a clean antecedent and that the FIR is fabricated. The Additional Public Prosecutor opposed bail. The court, noting the victim’s non‑supportive statement and the petitioner’s clean record, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the kidnapping allegations
  • Whether the victim’s statement under Section 183 of the B.N.S. negates the prosecution’s case
  • Whether the petitioner’s criminal antecedent warrants denial of bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • victim statement
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2083 of 2026
                     Arising Out of PS. Case No.-177 Year-2025 Thana- AWTARNAGAR District- Saran
                 ======================================================
                 Lalu Kumar Son of Ajay Sah R/o Village - Kadna, P.S. - Garkha, Dist. - Saran
                 at Chapra.
                                                                               ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mrs. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                   Heard Mr. Dewendra Narayan Singh, learned counsel

                   for the petitioner and Mrs. Gulnar Begum, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   14.07.2025 in connection with Sessions Trial No. 1037 of 2025

                   arising out of Awatar Nagar P.S. Case No. 177 of 2025, F.I.R.

                   dated 27.06.2025 for the offences punishable under Sections

                   137(2), 96 of the B.N.S.

                                3. According to prosecution case, the petitioner and

                   the co-accused persons are alleged to have kidnapped the minor

                   daughter of the informant for the purpose of marriage.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.2083 of 2026(2) dt.20-01-2026
                                            2/3




          any offence as alleged in the F.I.R. The victim was recovered

          and her statement was recorded under Section 183 of the

          B.N.S.S. in which she has not supported the prosecution case.

          He further submits that the police after investigation submitted

          the charge sheet against the petitioner. The petitioner is in

          custody since 14.07.2025.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the victim has not supported the prosecution case in her

          statement recorded under Section 183 of the B.N.S.S., let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Additional

          Sessions Judge-XVII, Saran at Chapra in connection with

          Sessions Trial No. 1037 of 2025 arising out of Awatar Nagar

          P.S. Case No. 177 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
             Patna High Court CR. MISC. No.2083 of 2026(2) dt.20-01-2026
                                                         3/3




                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.




                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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