Patna High Court
Kranti KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Kranti Kumari was arrested on 26-02-2025 in connection with a missing‑persons case registered under Sections 137 and 140(3) of the Bhartiya Nyaya Sanhita, 2023. The FIR was lodged against unknown persons, and the petitioner’s name appeared only in a couple of diary paragraphs with no substantive evidence linking her to the alleged offence. The petitioner, represented by Mr. Vishesh Kumar Singh, argued that she has a clean antecedent and has been falsely implicated. The State, through Additional Public Prosecutor Md. Aslam Ansari, opposed bail. Considering the lack of material evidence and the petitioner’s clean record, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate, 1st Class, Lakhisarai.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Sections 137 and 140(3) of the Bhartiya Nyaya Sanhita, 2023 given the facts of the case?
- Whether the petitioner’s alleged involvement, as merely mentioned in the case diary, suffices to deny bail?
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137, 140(3)
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 137
- Section 140(3)
- missing persons
- clean antecedent
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 22518 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- BANNUBAGICHA District- Lakhisarai
======================================================
Kranti Kumari D/o Umesh Koda R/o Village- New Barshiya, P.S.-
Bannubagicha, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishesh Kumar Singh
For the Opposite Party/s : Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 19-06-2026 Heard Mr. Vishesh Kumar Singh, learned counsel
for the petitioner and Md. Aslam Ansari, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.02.2025 in connection with Bannubagicha P.S. Case No. 12
of 2025 for the offences punishable under Sections 137 and
140(3) of BNS.
3. The case of the prosecution, in brief, as per written
statement of informant, W/o- Tanik Lal Yadav stated that on
18.02.2025 at about 10:00 AM her son was at home only. At the
same time Abhishek Golu Kumar's friend Bhikku Kumar came
to her home and they both (her son Abhishek@ Golu and
Bhikku) told her they were going to a fair in Brahaiya. It is
further alleged that according they went to see fair from the
Patna High Court CR. MISC. No. 22518 of 2026(3) dt.19-06-2026
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home and when they did not return, she searched for them with
help but found nothing about both of them. Their mobile phones
were switched off. The next morning informant continued the
search with the help of villagers and her relatives, but they
remained missing. It is further alleged that on 22.02.2025
submitted application to the Police-station. Accordingly, FIR
was registered against unknown u/s 137, & 140(3) of Bhartiya
Nyaya Sanhita, 2023 (hereinafter referred as BNS) vide Bannu-
Bagicha PS case No. 12/25, dated: 22.02.2025.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. It is next submitted that FIR has
been instituted against unknown persons. It is further submitted
that name of the petitioner has come up in paragraph nos. 4 and
5 of the case diary. Learned counsel for the petitioner next
submits that except the aforesaid nothing has come during the
investigation to suggest the involvement of the petitioner with
the present occurrence and police after investigation has
submitted charge-sheet and petitioner is in custody since
26.02.2025.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
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6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Lakhisarai in connection with
Bannubagicha P.S. Case No. 12 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
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verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
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