Patna High Court
Bhanu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Bhanu Kumar, a 19‑year‑old with a clean record, was implicated in a case registered under Sections 137(2), 140(3), 87 and 3(5) of the Bihar Narcotic Substances Act, 2023 for alleged kidnapping of a girl who was actually his lover. The FIR was lodged ten days after the alleged incident, and the victim’s statements under Sections 180 and 183 of the same Act were contradictory, suggesting the later statement was made under parental pressure. The petitioner sought anticipatory bail, arguing that his arrest would jeopardise his future and that the allegations were unfounded. The State opposed the bail. The Court, considering the petitioner’s youth, clean antecedents, and the inconsistencies in the evidence, granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the contradictions in the victim’s statements affect the merits of the kidnapping allegation
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137, 140, 3, 87
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- kidnapping
- false complaint
- youth of accused
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25273 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- MANSI District- Khagaria
======================================================
Bhanu Kumar S/o Santosh Kumar Mahto Permanent R/o Village- Dhruvganj,
P.S.- Kharik Bazar, District- Bhagalpur, (Although in FIR address is
mentioned as Vill- Choti Balha, P.S.- Mansi, District- Khagaria)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Indal Kumar S/o Late Nathuni Mahto R/o Vill- Choti Balha, P.S.- Mansi,
District- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. 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 the offences punishable under Sections 137(2),
140(3), 87 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a young boy
aged about 19 years and the informant alleges that his niece was
kidnapped by the accused persons.
4. Learned counsel for the petitioner submits that
petitioner and the victim were in love and they eloped. It is
further submitted that the entire family members came to be
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implicated. It is next submitted that the date of occurrence is
11.07.2025 and the FIR came to be instituted on 21.07.2025,
i.e., after a delay of more than ten days for the reason that
informant was aware that victim was not kidnapped, rather had
eloped with the petitioner. It is also submitted that victim came
back and her statement was recorded under Sections 180 and
183 BNSS. It is submitted that victim in her statement recorded
under Section 180 BNSS has not supported the case of the
prosecution but then in her statement recorded under Section
183 BNSS the victim stated that accused persons kidnapped her
but then has not even remotely suggested that she was
physically exploited which amply demonstrates that under
parental pressure the statement under Section 183 BNSS was
recorded. It is further submitted that on the date when the
statement of the victim was recorded under Section 183 BNSS
she was a major. It is next submitted that if in the nature of
allegation as alleged in the FIR and the material which has
transpired during the course of investigation if the petitioner is
sent to judicial custody his entire career would be jeopardized
and chances are bright that he may come in contact with
hardened criminal.
5. Learned A.P.P. for the State opposes the prayer for
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anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner and taking into
consideration the age of the petitioner, let the petitioner, above-
named, in the event of his arrest or surrender within a period of
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/Successor
Court in connection with Mansi P.S. Case No. 179 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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