Patna High Court
Shiv Kumar ChoupalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is allowed.
Summary
The petitioner, Shiv Kumar Choupal, sought anticipatory bail fearing arrest in a kidnapping case (PS Case No. 95 of 2025) under Sections 140(2) and 143(4) of the B.N.S. Act. The prosecution alleged that the petitioner, though not a family member, was implicated along with the victim's father by the child's mother. The petitioner contended his innocence, claiming false implication, and disclosed a prior criminal antecedent. The State opposed the bail on the ground of the seriousness of the offences. The Court, after hearing both sides, allowed the anticipatory bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S. Act. The order stipulated that the bail be effected if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case registered under the B.N.S. Act.
- Whether the allegations of false implication and prior criminal antecedent justify denial of bail.
Legislation cited
- B.N.S. Act — s. 140(2), 143(4), 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- B.N.S. Act
- false implication
- kidnapping
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23798 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- Sonki District- Darbhanga
======================================================
Shiv Kumar Choupal S/O Ganeshi Choupal Resident of Village- Ahiyarpur,
P.S.- Bhalpatti, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Sonki P.S. Case No. 95 of 2025 registered for
the offence under Sections 140(2), 143(4) of B.N.S. Act.
3. As per the prosecution case, petitioner is not a
member of the family, he along with the father of the victim,
who is said to have kidnapped the child, has been made accused
in the case by the mother of the child.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has one criminal
antecedent.
5. Learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.23798 of 2026(2) dt.01-05-2026
2/2
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 A.C.J.M.-IX,
Darbhanga/ concerned Court below in connection with Sonki
P.S. Case No. 95 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.