Patna High Court
Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that the petitioner is entitled to regular bail.
Summary
Mahesh Kumar petitioned for regular bail in a case registered under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging kidnapping of a young woman. The prosecution claimed the victim was abducted and confined, while the victim later testified that she voluntarily went with Rahul Gupta, married him, and was not kidnapped. The petitioner’s only alleged link was the use of his mobile phone to communicate with the victim. The defence argued that the victim was an adult, gave a voluntary statement, and the petitioner was falsely implicated. Considering the victim’s statement, her age, and lack of incriminating evidence against the petitioner, the court ordered his release on bail upon furnishing a bond and sureties. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the facts.
- Whether the victim's voluntary statement and marriage to the co‑accused negate the kidnapping allegation.
- Whether the alleged use of the petitioner's mobile phone constitutes a sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 183, 3(5)
Subjects
- regular bail
- kidnapping
- false implication
- victim statement
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 2661 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Mahesh Kumar S/o Garib Rajak @ Garibnath @ Garibnath Chaudhary R/o
Village - Imamganj, P.S - Sadar, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Khagaria P.S.
Case No. 302 of 2025 dated 07.10.2025 registered under
Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in brief, is that the
informant’s daughter went to Khagaria to attend a fair and went
missing after separating from her friends at Rajendra Chowk. It
is alleged that she later made a video call stating that she was
not in full consciousness and was being confined by unknown
persons. However, despite best efforts using mobile location
tracking, her whereabouts could not be traced. The informant
suspects that certain unknown persons have abducted and
Patna High Court CR. MISC. No. 2661 of 2026(3) dt.01-04-2026
2/3
confined her at an unknown place, thus putting her life and
personal safety at risk.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the only allegation
against the petitioner is that his mobile phone was used to speak
with the victim girl. It is further submitted that, in fact, the
victim had voluntarily gone with the co-accused, Rahul Gupta.
The victim was, subsequently, recovered and her statement was
recorded under Section 183 of the B.N.S.S., wherein, she
categorically stated that she is a major and was in a love
relationship with Rahul Gupta. She further stated that she had
gone to Punjab with him on 02.11.2025, where she solemnized
marriage with him and was residing with him and no one had
kidnapped her. Learned counsel also submits that as per the
School Transfer Certificate the date of birth of the victim is
recorded as 05.02.2003 and on the date of occurrence, she was
aged about 22 years, 8 months and 2 days. This fact has also
been mentioned in paragraph 49 of the case diary. Lastly, it is
submitted that the petitioner is in custody since 11.10.2025 and
has one criminal case pending against him.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No. 2661 of 2026(3) dt.01-04-2026
3/3
has vehemently opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned C.J.M. Khagaria in
connection with Khagaria P. S. Case No. 302 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
Checking your session…