Patna High Court
Kamlesh Kumar Singh @ Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the allegations were serious and the petitioner had a prior criminal record.
Summary
Kamlesh Kumar Singh petitioned for anticipatory bail after being implicated in a kidnapping case involving a minor, as recorded in an FIR. The victim’s statement under Section 183 of the B.N.S.S. specifically named the petitioner as a kidnapper. The petitioner also has a prior criminal antecedent. The petition sought protection from arrest under Sections 137(2), 96, 74, 351(2), 3(5) of the B.N.S. and Section 8 of the POCSO Act. The High Court, considering the seriousness of the allegations and the petitioner’s past record, rejected the anticipatory bail application, leading to the dismissal of the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the kidnapping allegations and his prior criminal antecedent.
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- minor
- criminal antecedent
- POCSO Act
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2280 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- BARHARIA District- Siwan
======================================================
Kamlesh Kumar Singh @ Kamlesh Kumar Son of Ramnath Singh @
Ramnath Prasad Resident of village - Musehari, P.S.- Barharia, District -
Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Wife of Rajendra Giri Resident of village - Bhawaniganj, P.S.-
Manjhagarh, District - Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mrs.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 137(2), 96, 74,
351(2), 3(5) of the B.N.S. and Section 8 of the POCSO Act.
3. As per F.I.R., petitioner along with other co-
accused persons are alleged to have kidnapped minor daughter
of informant. The victim, in her statement recorded under
Section 183 B.N.S.S., has supported the prosecution case and
has specifically named this petitioner, as one of the kidnapper.
Petitioner has got one criminal antecedent.
4. Considering the nature of accusation and criminal
Patna High Court CR. MISC. No.2280 of 2026(2) dt.31-01-2026
2/2
antecedent, the prayer for anticipatory bail of petitioner is
rejected.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…