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Patna High Court

Lalan PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail, directing release on bail upon arrest or surrender within six weeks, subject to bond and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Summary

The petitioners, who are family members of the alleged kidnapper Arun Kumar, sought anticipatory bail fearing arrest in a kidnapping case (PS Case No. 350 of 2025) under Sections 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assisted Arun Kumar in kidnapping the minor daughter of an informant using a motorcycle. The petitioners contended they were falsely implicated solely because of their familial relationship, highlighted that the victim’s statement under Section 183 indicated a consensual relationship and subsequent marriage, and asserted no criminal antecedents. The State opposed the bail. After considering the submissions, the court ordered that if the petitioners are arrested or surrender within six weeks, they shall be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.
  • Whether mere familial relationship to the alleged principal offender suffices to make the petitioners co‑accused.
  • Whether the victim’s statement under Section 183 of the Bhartiya Nyaya Sanhita negates the prosecution’s case against the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • family members liability
  • Bhartiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31815 of 2026
                 Arising Out of PS. Case No.-350 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
           1.     Lalan Paswan S/o Ramshresth Paswan @ Ramshith Paswan, Resident of
                  Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran
           2.    Arvind Kumar S/o Ramshresth Paswan @ Ramshith Paswan Resident of
                 Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran
           3.    Deepak Kumar S/o Ramshresth Paswan @ Ramshith Paswan Resident of
                 Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran
           4.    Ramshresth Paswan @ Ramshith Paswan s/o Late Desai Paswan @ Late
                 Dasai Paswan, Resident of Village- Loharganwa, PS -Garahiya Bazar,
                 District- East Champaran
           5.    Urmila Devi, W/o Ramshresth Paswan @ Ramshith Paswan, Resident of
                 Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran
           6.    Pooja Devi, W/o Lalan Paswan, Resident of Village- Loharganwa, PS
                 -Garahiya Bazar, District- East Champaran
                                                                    ... ... Petitioner/s

                                                      Versus

           1.    The State of Bihar
           2.     Baidyanath Prasad, S/o Ramchandra Prasad, R/o Vill - Bahuara Bhan, Ward
                  No. 10, P.s.- Madhuban, Distt.- East Champaran
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection with

                   Madhuban P.S. Case No. 350 of 2025 dated 21.09.2025 instituted

                   for the offence punishable under Sections 96, 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that co-accused,
Patna High Court CR. MISC. No.31815 of 2026(2) dt.07-05-2026
                                            2/3




          Arun Kumar kidnapped the minor daughter of the informant. In

          carrying out this incident, they were assisted by the accused

          persons including the petitioners. An Apache motorcycle was used

          in this incident which Reg. No. is BR05L2243.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and they have been falsely implicated in

          this case. It is further submitted that the main allegation is against

          the co-accused, namely, Arun Kumar who fled away with the

          victim girl. Petitioner nos. 1 to 3 are the elder brothers of Arun

          Kumar, petitioner nos. 4 & 5 are his parents and petitioner no. 6 is

          the wife of petitioner no. 1 (Bhabhi of Arun Kumar). The

          petitioners have no role in the said crime. It is further submitted

          that the after recovery of the victim girl, the statement of the

          victim girl was recorded under Section 183 of B.N.S.S.. As a

          matter of fact, the victim and Arun Kumar was in love affair and

          they solemnized their marriage which would be apparent from the

          statement of victim under Section 183 of B.N.S.S. After marriage,

          they were living in Delhi. The petitioners have been made accused

          in this case only on the basis that they are family members of Arun

          Kumar. Lastly, it has been submitted that petitioners have no

          criminal antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          opposed the prayer for anticipatory bail of the petitioners.
           Patna High Court CR. MISC. No.31815 of 2026(2) dt.07-05-2026
                                                       3/3




                                  6. Having considered the facts and circumstances of the

                     case and submissions of learned counsel for the parties, in the

                     event of arrest / surrender of the petitioners within a period of six

                     weeks from today, in connection with Madhuban P.S. Case No.

                     350 of 2025, they will be released on bail upon furnishing bail

                     bonds of Rs. 10,000/- (ten thousand) each with two sureties of the

                     like amount each to the satisfaction of learned 7th District &

                     Additional Sessions Judge-cum- Special Judge, POCSO Act, East

                     Champaran, Motihari subject to condition as laid down under

                     Section 482(2) of the B.N.S.S.


                                                                      (Khatim Reza, J)

premchand/-

U      T


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