Patna High Court
Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 137, 183, 96
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
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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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