Patna High Court
Gutak Kumar @ Chhotelal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application and ordered the petitioner released on bail.
Summary
The petitioner, Gutak Kumar, sought regular bail in a criminal case (PS Case No. 328/2025) alleging kidnapping of a victim under Section 96 of the B.N.S. The prosecution alleged the petitioner abducted the victim, who was allegedly drugged, fainted, and taken to Nepal. The petitioner claimed innocence, a clean record, and had been in custody since August 2025, offering cooperation with the trial. The State opposed bail, but the court found the victim's narrative implausible and noted insufficient justification for continued detention. Consequently, the court granted bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties to the Special Judge POCSO-cum-D.A.S.J.-VI, West Champaran.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the kidnapping allegation under Section 96 of the B.N.S.
- Whether the evidence presented by the prosecution justifies denial of bail
Legislation cited
- B.N.S. — s. 96
Subjects
- bail
- kidnapping
- Section 96
- B.N.S.
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.305 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
Gutak Kumar @ Chhotelal Kumar Son of Late Lalan Sah Resident of Village-
Pathanpatti, Ward No. 3, P.S.- Harsidhi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with Bettiah
Town P.S. Case No. 328/2025 registered for the offences
punishable under Section 96 of B.N.S.
3. As per the prosecution case, petitioner is alleged to
have kidnapped the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
clean antecedent and he is in custody since 18.08.2025. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.305 of 2026(3) dt.09-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. From the statement of the victim girl, it appears that
she was given something to drink and after consuming that, she
fainted and she was taken to Nepal from India.
7. This story seems unbelievable as the petitioner
would have done whatever he wanted do after the victim fainted
and there was no need of taking her to Nepal in unconscious
position.
8. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
9. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge POCSO-cum-
D.A.S.J.-VI, West Champaran, Bettiah /concerned Court below
in connection with Bettiah Town P.S. Case No. 328/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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