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Patna High Court

Gajanand Bhankar @ Jitendra BhagatversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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