Patna High Court

Harsh Kumar @ Harsh RajversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted bail to the petitioner.

Summary

Harsh Kumar was arrested in connection with a kidnapping allegation under Section 96 of the Bharatiya Nyaya Sanhita, 2023, for allegedly abducting the minor daughter of an informant. The petitioner contended that he was falsely implicated, arguing that the FIR was lodged against unknown persons and that the mobile CDR linking him was insufficient. The victim’s statement recorded under Section 183 of the B.N.S.S. denied any kidnapping or physical relationship with the petitioner. The petitioner had been in custody since 29 January 2026, had no prior criminal record, and a charge‑sheet had already been filed. The State opposed bail, but the court, after evaluating the evidence and the victim’s declaration, ordered the release of the petitioner on bail. Bail was granted upon furnishing a bond of Rs.10,000 with two sureties of equal amount to the satisfaction of the Additional Sessions Judge‑I‑cum‑Special Judge.

Issues considered

Whether bail should be granted to the accused in a kidnapping case under Section 96 of the Bharatiya Nyaya Sanhita, 2023, considering the evidence and the victim's statement.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 183, 96

Subjects

bail
kidnapping
Bharatiya Nyaya Sanhita
Section 96
Section 183
minor
criminal procedure
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23294 of 2026
                    Arising Out of PS. Case No.-461 Year-2025 Thana- MUFFASIL District- Aurangabad
                 ======================================================
                 Harsh Kumar @ Harsh Raj, S/o Sri Mrityunjay Kumar Singh, Resident of
                 Village- Kushi, Police Station- Aurangabad(M),Distt-Aurangabad(Bihar).

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Surendra Prasad, S/o Late Jagdish Mahto, R/o Village- Bela, Police Station-
                 Aurangabad(M), Distt-Aurangabad(Bihar).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anirudh Kumar Verma, Adv.
                 For the Opposite Party/s :       Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   08-04-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Aurangabad (Mufassil) P.S. Case No. 461 of 2025 dated

                   12.12.2025 registered for the offence punishable under

                   Section 96 of the Bharatiya Nyaya Sanhita, 2023.

                                3. The petitioner is alleged to have kidnapped the

                   minor daughter of the informant.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that the petitioner’s name has come

                   in this case, only on the basis of suspicion. It is submitted
Patna High Court CR. MISC. No.23294 of 2026(2) dt.08-04-2026
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          that the F.I.R. has been lodged against unknown persons. It

          is submitted that the petitioner has been made accused on

          the basis of C.D.R. of Mobile No. 8210145878 and the said

          mobile belongs to the petitioner. It is submitted that during

          investigation, the statement of victim has been recorded

          under Section 183 B.N.S.S., wherein, she has stated that she

          used to talk with the petitioner through her mother’s Mobile

          No. 8092315328. Further, she stated that one day being

          upset in her house, she went to Kolkata to travel with the

          petitioner and she lived in girls P.G. while the petitioner

          lived in boys P.G. The victim has specifically stated that

          there was no physical relation between them and she also

          denied that anybody had kidnapped her. The petitioner is in

          custody since 29.01.2026, having no criminal antecedent

          and charge-sheet has been submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, let the petitioner be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties
            Patna High Court CR. MISC. No.23294 of 2026(2) dt.08-04-2026
                                                        3/3




                      of the like amount each to the satisfaction of the learned

                      Additional Sessions Judge-I-cum Special Judge (SC/ST,

                      N.D.P.S. & Children Act, Aurangabad in connection with

                      Aurangabad (Mufassil) P.S. Case No. 461 of 2025.



                                                   (Khatim Reza, J)
prabhat/-

U       T

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