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Patna High Court

Bhanu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25273 of 2026(2) dt.17-04-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.25273 of 2026(2) dt.17-04-2026
                                                       3/3




                     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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