Patna High Court
Gajanand Bhankar @ Jitendra BhagatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail.
Summary
Gajanand Bhankar was charged under Sections 365 and 366 of the IPC for allegedly kidnapping the sister of an informant. The victim’s statement recorded under Section 164 of the CrPC indicated she had gone voluntarily with the petitioner to Motihari for marriage, contradicting the FIR. The petitioner claimed innocence, no prior criminal record, and had been in judicial custody since 18-08-2023. The State opposed bail, but the court noted the inconsistency in the victim’s testimony and the lack of antecedents. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 365 and 366 IPC
- Whether the victim’s statement under Section 164 CrPC creates reasonable doubt about the kidnapping allegation
- Whether the petitioner’s lack of criminal antecedent influences the bail decision
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 365, 366
Subjects
- bail
- kidnapping
- IPC 365
- IPC 366
- CrPC Section 164
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25534 of 2026
Arising Out of PS. Case No.-913 Year-2021 Thana- FORBESGANJ District- Araria
======================================================
Gajanand Bhankar @ Jitendra Bhagat S/o- Late Basudev Bhagat R/o Village-
Mahbal Mahubal Ward No. 2 P.S. Motipur District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shatabdi Sinha, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sessions Trial No. 619 of 2023 arising out of Forbesganj
P.S. Case No. 913 of 2021 registered for the offence punishable
under Sections 365 and 366 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
petitioner has kidnapped the sister of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has
committed no offence and has been falsely implicated in the
present case. It is further submitted that, during the course of
investigation, the victim was recovered and her statement under
Section 164 of the Cr.P.C. was recorded. From perusal of the
Patna High Court CR. MISC. No.25534 of 2026(3) dt.02-07-2026
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said statement, it transpires that the victim stated that she had
gone with the petitioner to Motihari at the instance of her
grandmother, Roji Khatoon. She was on talking terms with the
petitioner and her grandmother told to marry the petitioner as
her brother will not allow her to marry the petitioner that is why
she went with the petitioner.
5. Learned counsel submits that the aforesaid statement
of the victim is contradictory to the FIR. It is further submitted
that the victim has stated that she had gone with one Shikandar
Nayak, who happens to be the brother-in-law of the petitioner.
Learned counsel further submits that the main thrust of the
allegations is against Shikandar Nayak, whereas the present
petitioner is merely the brother-in-law of the said Shikandar
Nayak. Moreover, a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 18.08.2023.
6. The application for bail is opposed by learned APP
for the State.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.25534 of 2026(3) dt.02-07-2026
3/3
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional District & Sessions Judge-IV, Araria in connection
with Sessions Trial No. 619 of 2023 arising out of Forbesganj
P.S. Case No. 913 of 2021.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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