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Patna High Court

Raja Kumar @ Raja Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding the allegations doubtful and unsupported by material evidence.

Summary

The petitioner, Raja Kumar, sought bail after being implicated in a kidnapping case (PS Case No. 121 of 2025) under Sections 96 and 137(2) of the B.N.S. The prosecution alleged that the petitioner and co‑accused Mahadev Kumar abducted the informant's minor daughter, who later failed to return from tuition. The petitioner contended that he was merely a painter employed by Mahadev Kumar and that the alleged kidnapping was a false implication, noting that the victim had eloped with the co‑accused and that no incriminating material was found against him. The court observed that the allegations were doubtful, there was no substantive evidence linking the petitioner to the offence, and he had a clean antecedent. Considering these factors and the possibility of false implication, the court exercised its power under Section 482(2) of the B.N.S.S. to grant bail on the condition of a Rs.10,000 bond with two sureties and other procedural requirements. The petitioner was ordered to surrender within eight weeks and to appear as required by the trial court.

Issues considered

  • Whether bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in the absence of substantive evidence.
  • Whether the petitioner’s alleged involvement in the kidnapping is merely suspicion and amounts to false implication.

Legislation cited

Subjects

  • bail
  • false implication
  • kidnapping
  • suspicion
  • clean antecedent
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24350 of 2026
                    Arising Out of PS. Case No.-121 Year-2025 Thana- PHULWARIA District- Begusarai
                 ======================================================
                 Raja Kumar @ Raja Kumar Gupta S/O Girish Prasad Gupta R/O Mohalla-
                 Shokhara 1, Ward No 10, Barauni Nagar Parishad, PS- Phulwariya, District-
                 Begusarai

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amritesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   24-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.    In   the    present      case,     the    petitioner        is

                   apprehending his arrest in connection with Phulwariya P.S. Case

                   No. 121 of 2025 registered for the offences under Sections 96,

                   137(2) of B.N.S.

                                      3. As per prosecution case, the minor daughter of

                   the informant went for tuition but she did not return. The

                   informant named co-accused Mahadev Kumar and the petitioner

                   for being involved in the kidnapping of his daughter.

                                      4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.24350 of 2026(2) dt.24-04-2026
                                            2/3




          case. No occurrence as alleged in the manner has ever taken

          place. The petitioner worked as a painter under co-accused

          Mahadev Kumar, who is a contractor. The daughter of the

          informant eloped with co-accused and the petitioner has been

          made accused in this case merely on suspicion. Learned counsel

          further submits that during investigation it has come that co-

          accused made call on the mobile phone of the mother of the

          victim seven times. No incriminating material has been found

          against the petitioner since he has been made accused merely on

          suspicion. The petitioner is having clean antecedent.

                       5. Learned APP opposes the submission made on

          behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          doubtful nature of allegation without any substantive material

          against the petitioner and further considering the clean

          antecedent of the petitioner and possibility of false implication,

          let the petitioner above named, in the event of his arrest or

          surrender before the court concerned within a period of eight

          weeks from today, be released on bail, on furnishing bail bonds

          of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties

          of the like amount each to the satisfaction of learned Chief
            Patna High Court CR. MISC. No.24350 of 2026(2) dt.24-04-2026
                                                        3/3




                      Judicial Magistrate, Begusarai/concerned court in connection

                      with Phulwariya P.S. Case No. 121 of 2025, subject to the

                      condition as laid down under Section 482(2) of the B.N.S.S. and

                      other following conditions :

                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below, if so required by the

                                                      learned trial court.



                                                (Arun Kumar Jha, J)

DKS/-

U       T


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