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Patna High Court

Gutak Kumar @ Chhotelal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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