Patna High Court
Rishu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, holding that the allegations were vague and there was a likelihood of false implication.
Summary
The petitioners, members of the Vishwakarma family, sought bail after being implicated in a case (Wazirganj PS Case No. 708 of 2025) alleging abetment of the kidnapping of a minor under Sections 96 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the minor was enticed away by a co‑accused with the help of the petitioners, but the petitioners argued they were falsely implicated and that the informant was not an eye‑witness. The victim’s statement, recorded under Section 183, did not specifically charge the petitioners, and they had clean antecedents. The State opposed bail, but the court noted the vague nature of the allegations and the possibility of false implication. Accordingly, the court ordered that the petitioners be released on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS and attendance requirements. The bail order effectively disposes of the petition for pre‑arrest relief.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita given the vague allegations of abetment.
- Whether the petitioners have been falsely implicated and thus merit release pending trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 3(5), 482(2), 96
Subjects
- bail
- false implication
- abetment
- minor kidnapping
- criminal procedure
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28890 of 2026
Arising Out of PS. Case No.-708 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
1. Rishu Kumar S/o Pramod Vishwakarma R/o Village - Dhandhar, P.S. -
Wazirganj, District - Gaya Ji.
2. Mantoo Kumar @ Mantoo S/o Dinesh Vishwakarma R/o Village -
Dhandhar, P.S. - Wazirganj, District - Gaya Ji.
3. Pramod Vishwakarma S/o Kailash Viswhwakarma @ Tuntun Vishwakarma
R/o Village - Dhandhar, P.S. - Wazirganj, District - Gaya Ji.
4. Anita Devi Wife of Pramod Vishwakarma R/o Village - Dhandhar, P.S. -
Wazirganj, District - Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
Ms. Wajeeha Jafri, Advocate
Mr. Ashutosh Kumar Mishra, Advocate
Ms. Neha Kumari, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners are
apprehending their arrest in connection with Wazirganj P.S.
Case No. 708 of 2025 registered for the alleged offence under
Sections 96 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the minor daughter of the
informant was enticed away by co-accused Nitish Kumar with
the help of petitioners and other co-accused persons.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.28890 of 2026(2) dt.05-05-2026
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petitioners are innocent and have been falsely implicated in this
case. The informant is not an eye witness, still she has described
the events in giving details. The petitioners are parents, brother
and relative of co-accused Nitish Kumar against whom the
allegation of taking away the minor daughter of the informant
has been made. Even from the allegation made in the FIR, it is
apparent that no specific over act has been attributed to the
petitioner and only act of active abetment is attributed to co-
accused Chandan Vishwakarma. Learned counsel further
submits that the victim girl has been recovered and her
statement was recorded under Section 183 of BNSS and from
the rejection order, it appears that there is no specific allegation
has been levelled against the petitioners. The petitioners are
having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation and also considering the possibility of
false implication, let the petitioners above named, in the event
of their arrest or surrender before the court concerned within a
period of eight weeks from today, be released on bail, on
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furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Gaya
Ji/court concerned in connection with Wazirganj P.S. Case No.
708 of 2025, subject to the condition laid down under Section
482(2) of BNSS and other following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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