Patna High Court

Ashish KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court denied anticipatory bail to the petitioner.

Summary

Ashish Kumar petitioned the Patna High Court for anticipatory bail after being implicated in a kidnapping case under Section 87 of the Bihar Narcotic Substances Act, 2023. The FIR alleges that he, along with co-accused, abducted the daughter of an informant on 25.08.2025. The minor victim gave a statement under Section 183 of the Bihar Narcotic Substances (Special) Act, naming the petitioner as a kidnapper. The petitioner feared arrest and sought pre‑emptive bail. The court examined the seriousness of the offence, the victim's testimony, and the statutory provisions governing anticipatory bail. It concluded that the gravity of the kidnapping of a minor warranted denial of bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 87 of the B.N.S., 2023 in a kidnapping case involving a minor.
Whether the victim's statement under Section 183 of the B.N.S.S. suffices to deny anticipatory bail.

Legislation cited

Bihar Narcotic Substances Act — s. 87

Subjects

anticipatory bail
kidnapping
minor
criminal procedure
Bihar Narcotic Substances Act
Bihar Narcotic Substances (Special) Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3286 of 2026
                      Arising Out of PS. Case No.-108 Year-2025 Thana- BHUTAHI District- Sitamarhi
                 ======================================================
                 Ashish Kumar S/O Ram Pravesh Mahto R/o- Vill-Araria, Ward No. 14, P.O.-
                 Araria, P.S.- Kanhauli, Dist- Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Lalita Devi W/o- Sri Chandeshwar Mahto R/o- At and P.O.- Dostiya Ward
                 No. 11, P.S. Bhutahi, District- Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sitaram Prasad
                 For the Opposite Party/s :        Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Section 87                         of the

                   B.N.S., 2023.

                                3. As per F.I.R., allegation against petitioner is that he

                   kidnapped the daughter of informant with the help of other co-

                   accused persons on 25.08.2025. The victim, in her statement

                   recorded under Section 183 B.N.S.S., has supported the

                   prosecution case and has specifically named this petitioner, as

                   her kidnapper. The victim is minor.

                                4. Considering the nature of accusation, the prayer
           Patna High Court CR. MISC. No.3286 of 2026(2) dt.02-02-2026
                                                       2/2




                     for anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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