Patna High Court
Ankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioner, Ankaj Kumar, was arrested in connection with a kidnapping case (Mahua P.S. Case No. 722 of 2025) under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, a clean antecedent, and that he had been in custody since 16‑12‑2025. The State opposed bail, alleging kidnapping of the victim girl. The court noted that the petitioner and the victim had married, and on that basis, along with the petitioner’s clean record, allowed the regular bail application. The court ordered his release on bail of Rs. 10,000 with two sureties of the same amount, emphasizing that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the accused under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the marriage between the accused and the alleged victim influences the bail decision.
- Whether the petitioner’s clean antecedent and period of custody justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96
Subjects
- regular bail
- kidnapping
- marriage
- clean antecedent
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22168 of 2026
Arising Out of PS. Case No.-722 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Ankaj Kumar S/o Arvind Ray R/o Village- Bishunpur Diyar, P.S.- Raghopur,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishor
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Mahua P.S. Case No. 722 of 2025 registered for the offence
under Section(s) 137(2) and 96 of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 16.12.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.22168 of 2026(2) dt.09-04-2026
2/2
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl, it appears that the petitioner and the victim
have got married.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Mahua P.S. Case
No. 722 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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