Patna High Court
Amrnath @ Amarnath KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is granted anticipatory bail subject to the conditions imposed by the Court.
Summary
The petitioner, Amrnath Kumar, sought anticipatory bail fearing arrest in a kidnapping case (Karja P.S. Case No. 164 of 2024) under Section 140(3) of the Bihar Negotiable Sale Act. He alleged that the accusation was false, that the alleged victim had previously gone missing and later reappeared, and that his brother, a co‑accused, had already been granted regular bail. The petitioner highlighted his clean criminal record and pointed to inconsistencies in witness statements and the investigation report. The State opposed the anticipatory bail. The Court, considering the lack of antecedent, the brother’s bail, and the circumstances, ordered anticipatory bail subject to a bond of Rs.10,000 with two sureties, under Section 482(2) of the BNSS, for six weeks from the order date.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in the kidnapping case.
- Whether the facts and circumstances justify the grant of anticipatory bail despite the pending charge under Section 140(3) of the BNS.
Legislation cited
- Bihar Negotiable Sale Act — s. 140(3)
- Bihar Negotiable Sale (Special) Act — s. 482(2)
Subjects
- anticipatory bail
- kidnapping
- Section 140(3)
- Section 482(2)
- bail bond
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21868 of 2026
Arising Out of PS. Case No.-164 Year-2024 Thana- KARJA District- Muzaffarpur
======================================================
Amrnath @ Amarnath Kumar S/o Dharmvir Ray R/o Village - Jiyan, P.S -
Karja, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Karja P.S. Case No. 164 of 2024 registered for
the offences punishable under Sections 140(3) of the BNS.
3. Allegation against the petitioner and his brother
is to have kidnapped the wife of the informant, who is still
traceless.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case. He submits that wife of the
informant in the past also had become traceless and she had
returned after one year. He further submits that name of this
petitioner and his brother, namely, Somnath Kumar has been
Patna High Court CR. MISC. No.21868 of 2026(3) dt.06-05-2026
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added in this case during the course of investigation. He next
submits that from para-17, 18, 19 and 20, it appears that
witnesses have stated that informant’s wife was in habit of going
to go other places. He next submits that from perusal of the case
dairy, it appears that with regard to co-accused, Somnath
Kumar, the police has concluded the investigation and has also
submitted the chargesheet. He next submits that the brother of
the petitioner, namely, Somnath Kumar has already been granted
Regular Bail by a co-cordinate Bench of this Court vide order
dated 15.11.2025 passed in Cr. Misc. No.56215 of 2025. He
further submits that petitioner has got clean antecedent as stated
in para-3 of the bail petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the above facts and circumstances of
the case and submissions made by learned counsel for the
petitioner and also the fact that petitioner has got no criminal
antecedent, let the above named petitioner be released on
anticipatory bail in the event of his arrest or surrender before the
Trial Court within a period of six weeks from today on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction learned
Patna High Court CR. MISC. No.21868 of 2026(3) dt.06-05-2026
3/3
Judicial Magistrate-1st Class, Court No.06, Muzaffarpur(West)
in connection with Karja P.S. Case No-164 of 2024 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Harshita/-
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