Created by Fuzzy Cloud

Patna High Court

Dipul Kumar @ Dipak Kumari @ Dipam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.