Patna High Court
Lalan PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 183, 3(5), 482(2), 96
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/-
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