Patna High Court
Raj Kumar @ Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petition for anticipatory bail, directing release on bail if arrested within eight weeks.
Summary
The petitioner, Raj Kumar, sought anticipatory bail after the police registered a case (PS Gwalpara, Case No. 167/2024) alleging his involvement in kidnapping under Sections 137(2), 96 and 3(5) of the B.N.S. The FIR was lodged 38 days after the alleged incident, and the victim’s statement recorded under Section 183 of the B.N.S. denied any kidnapping, stating she left home voluntarily. The petitioner asserted his innocence, clean antecedents, and highlighted the unexplained delay in filing the FIR. The State opposed the bail, but the court considered the victim’s denial, the delay, and the petitioner’s background. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted in view of the delay in lodging the FIR and the victim's denial of kidnapping
- Whether the petitioner is likely to be arrested under Sections 137(2), 96 and 3(5) of the B.N.S.
- Whether the conditions of Section 482(2) of the B.N.S. justify the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 137(2), 183, 3(5), 482(2), 96
Subjects
- anticipatory bail
- delay in FIR
- victim statement
- clean antecedents
- criminal procedure
- Section 482
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21977 of 2026
Arising Out of PS. Case No.-167 Year-2024 Thana- GWALPARA District- Madhepura
======================================================
Raj Kumar @ Sumit Kumar S/o- Jay Kishor Yadav R/v- Jayram Parsi W.No-
2, Ps- Gwalpara Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Pooja Prasad, Advocate
Mr. Binod Kumar Sinha, Advocate
Mr. Manoj, Advocate
For the State : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 137(2), 96
and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with other F.I.R. named accused persons,
kidnapped the daughter of informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. The present F.I.R. has been lodged after
Patna High Court CR. MISC. No.21977 of 2026(2) dt.15-04-2026
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inordinate delay of 38 days and there is no plausible explanation
for the same which itself makes the entire prosecution case
doubtful. During investigation, the victim was recovered and in
her statement recorded under Section 183 of the B.N.S.S., she
denied the factum of kidnapping and categorically stated that no
one kidnapped her rather she left her house out of her own sweet
will and went to the house of her Mausi at Delhi. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 183 of the
B.N.S.S., delay in lodging of the F.I.R. and clean antecedents of
the petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. 1st Class, Udakishunganj,
Madhepura in connection with Gwalpara P.S. Case No. 167 of
Patna High Court CR. MISC. No.21977 of 2026(2) dt.15-04-2026
3/3
2024, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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