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Patna High Court

RAHUL KUMARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding insufficient grounds for continued detention.

Summary

The petitioner, Rahul Kumar, was charged with kidnapping offences under IPC sections 363, 366(A), 372 and 34, alleged to have abducted the informant's daughter along with co-accused Golu Kumar. The FIR, lodged three days after the alleged incident, named only Golu Kumar; Rahul's name appeared later based on a diary entry and a photograph showing him with the victim and Golu on a motorcycle, which the court found non‑suspicious. Rahul, a young student with no prior record, has been in custody since July 2023, and the prosecution has not examined any witnesses despite the charge‑sheet being filed in September 2023. The State opposed bail, arguing the victim remains missing, while the petitioner contended he had no knowledge of the victim's whereabouts and was merely a facilitator. Considering the delayed FIR, lack of substantive evidence, Rahul's minimal role, and the stagnation of the trial, the court granted bail on a bond of Rs.10,000 with two sureties and specific conditions.

Issues considered

  • Whether bail should be granted to the petitioner given the allegations of kidnapping and the victim's non‑recovery
  • Whether the petitioner’s alleged role as a facilitator warrants continued detention

Legislation cited

Subjects

  • kidnapping
  • bail
  • Indian Penal Code
  • facilitator
  • delay in FIR
  • victim not recovered
  • juvenile bail
  • common intention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.34464 of 2025
                 Arising Out of PS. Case No.-233 Year-2023 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Rahul Kumar S/O Bindeshwari Mahto @ Vindeshwari Mahto R/O Vill.-
                 Mokhtiyarpur, Salkhanni, P.S.- Dalsinghsarai, Dist.- Samastipur.- 848114
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State Of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Nivedita Nirvikar, Sr. Adv.
                                                 Ms. Arya Achint, Adv.
                 For the State            :      Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   16-02-2026                    Heard Ms. Nivedita Nirvikar, learned senior counsel

                   for the petitioner and learned Additional Public Prosecutor for

                   the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 363, 366(A), 372, 34 of the

                   Indian Penal Code.

                                  3. Allegation against the petitioner is that he along

                   with other accused persons have kidnapped the daughter of the

                   informant.

                                  4. Learned senior counsel for the petitioner submits

                   that the First Information Report was lodged against one Golu

                   Kumar and the name of the petitioner did not feature in the

                   same. As a matter of fact, the victim had willingly fled away

                   from her house along with one Golu Kumar and the first

                   information report was lodged after a delay of 3 days. It is

                   further submitted that the name of the petitioner transpired
Patna High Court CR. MISC. No.34464 of 2025(4) dt.16-02-2026
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          subsequently during the course of investigation in paragraph-30

          of the case diary which is merely an information from a spy that

          the petitioner happened to be a good friend of Golu Kumar and

          a reference has been made to a video/photograph that the victim

          was seen along with the petitioner and Golu Kumar on a

          motorcycle. However, upon looking at the photograph in the

          case diary, there does not appear to be anything suspicious. It is

          further submitted that the motorcycle in question does not

          belong to the petitioner and at best the case against the

          petitioner can be said to be that of a facilitator in taking the

          victim away by the said Golu Kumar who has been granted bail

          on the ground of his juvenility as stated in para-15 of the

          petition. The petitioner is in custody since 01.07.2023 and has

          no criminal antecedent. The bail rejection order indicates that

          the charge-sheet has been submitted in this case on 11.09.2023

          and the charges were framed on 31.01.2024 itself but till date

          i.e. 24.04.2025 not a single witness has been examined on

          behalf of the prosecution.

                       5. Learned APP for the State has opposed the

          application for bail on the ground that the victim has still not

          been recovered. In response, it has been submitted that the

          petitioner has no idea about the whereabout of the victim and he
             Patna High Court CR. MISC. No.34464 of 2025(4) dt.16-02-2026
                                                         3/3




                       is lying in custody since 01.07.2023.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the factum of delay in the

                       FIR coupled with the fact that the petitioner is also a young

                       student and his role has been at best of a facilitator and there has

                       been no substantial progress in the trial, let the above named

                       petitioner, be enlarged on bail 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 court below where

                       the case is pending/successor court in connection with

                       Dalsinghsarai P.S. Case No. 233 of 2023, subject to the

                       conditions that:

                                        (I) One of the bailor shall be the family member or

                       a close relative.

                                        (I1) The petitioner shall appear on each and every

                       date till conclusion of trial and if the petitioner does not appear

                       on two consecutive dates without any substantial and

                       satisfactory reason, the learned court below would be at liberty

                       to cancel his bail bonds.


                                                 (Soni Shrivastava, J)
devendra/-
U      T


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