Patna High Court
Dipul Kumar @ Dipak Kumari @ Dipam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dipul Kumar, was arrested in connection with an alleged kidnapping of the informant's daughter under sections 137(2), 96 and 3(5) of the Bihar Negotiable Substances Act. The victim was later recovered and, under Section 183 of the B.N.S.S., stated that she had not been kidnapped but was restrained by her brother and forced to lodge a complaint. The petitioner asserted his innocence, highlighted the victim's statement, and pointed out his clean record and custody since 10‑12‑2025. The State opposed the bail application. Considering the victim's exculpatory statement, lack of prior criminal history and the possibility of false implication, the court decided to enlarge bail. The petitioner was released on a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the kidnapping charges under sections 137(2), 96 and 3(5) of the B.N.S.
- Whether the victim's statement under Section 183 of the B.N.S.S. negates the prosecution's case and warrants bail
Legislation cited
- Bihar Negotiable Substances Act — s. 137(2), 3(5), 96
- Bihar Negotiable Substances (Special) Act — s. 183
Subjects
- kidnapping
- regular bail
- victim statement
- false implication
- Bihar Negotiable Substances Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20834 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- ROH District- Nawada
======================================================
Dipul Kumar @ Dipak Kumari @ Dipam Kumar Son of Balmiki Yadav @
Balmiki Prasad R/o Village - Barki Duari, P.S. - Roh, Distt. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 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), 96
and 3 (5) of the BNS.
3. The case of the prosecution, in brief, is that the
petitioner is alleged to have kidnapped the daughter of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
during the course of investigation, the victim was recovered and
her statement was recorded under Section 183 of the B.N.S.S.,
wherein she has stated that she was not kidnapped by anyone;
Patna High Court CR. MISC. No.20834 of 2026(2) dt.02-04-2026
2/2
rather, her brother, Rohit, had tied her hands and feet and
compelled her to lodge a case. It is further submitted that the
statement of the victim clearly indicates that the petitioner has
no role in the alleged occurrence. The petitioner is in custody
since 10.12.2025 having no criminal antecedent.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid 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 Roh P.S. Case No. 403 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
Judicial Magistrate, 1st Class, Nawada.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.