Patna High Court
Bittu Kumar @ Lal BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail.
Summary
The petitioner, Bittu Kumar, applied for pre‑arrest bail in a kidnapping case (Simri P.S. Case No. 318 of 2025) alleged under Sections 137(2) and 96 of the BNS. The FIR claimed he abducted the minor daughter of an informant, but the victim’s statement under Section 183 BNSS disclosed a consensual love relationship and that she accompanied the petitioner voluntarily. The petitioner asserted innocence, a clean criminal record, and argued that the prosecution’s case lacked substantive support. The State opposed the bail, but the court found the petitioner had made a prima facie case for release. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon furnishing a Rs. 10,000 bond with two sureties, subject to verification of antecedents and compliance with Section 482(2) BNSS, and directed the application disposed.
Issues considered
- Whether pre‑arrest bail should be granted in a kidnapping case under Sections 137(2) and 96 of the BNS when the victim’s statement indicates a consensual relationship.
- Whether the petitioner’s clean antecedent and the lack of corroborative prosecution evidence justify bail.
- Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied for granting bail.
Legislation cited
Subjects
- pre‑arrest bail
- kidnapping
- Section 183 statement
- clean antecedent
- Section 482(2)
- bail bond
- sureties
- love relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30517 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- SIMRI District- Darbhanga
======================================================
Bittu Kumar @ Lal Babu S/o Lalbabu @ Mithilesh Sah R/o vill - Basatwara,
P.S.- Simri, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Madhubala Verma, Advocate
Mr. Chitransh Raj, Advocate
Mr. Ajay Kumar Verma, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-05-2026 Heard Mrs. Madhubala Verma, learned counsel
appearing on behalf of the petitioner and Mr. Tarkeshwar Nath
Thakur, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Simri P.S. Case No. 318 of 2025, registered for the offence
punishable under Sections 137(2) and 96 of the BNS.
3. As per the allegation made in the FIR, the petitioner
had allegedly kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. The victim in her statement
recorded under Section 183 BNSS has not supported the
prosecution story, rather, she has admitted that she was in love
Patna High Court CR. MISC. No.30517 of 2026(2) dt.06-05-2026
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relationship with the petitioner and she had accompanied the
petitioner willingly. The petitioner has clean antecedent. On
these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, from the impugned order it appears
that the victim in her statement recorded under Section 183
before the learned Magistrate, has not supported the prosecution
story, rather, she has admitted that she was in love relationship
with the petitioner and she had accompanied the petitioner
willingly. The petitioner has clean antecedent. I am of the
opinion that petitioner has, prima facie, made out a case to be
released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Simri P.S. Case No. 318 of
2025, subject to the condition as laid down under Section 482(2)
Patna High Court CR. MISC. No.30517 of 2026(2) dt.06-05-2026
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of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
9. Accordingly, the present application stands disposed
of.
(Purnendu Singh, J)
Niraj/-
U T
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