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Patna High Court

Kranti KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No. 22518 of 2026(3) dt.19-06-2026
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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
           Patna High Court CR. MISC. No. 22518 of 2026(3) dt.19-06-2026
                                                       4/4




                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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