Patna High Court
Suraj kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the petitioner is entitled to bail on furnishing the prescribed bond and sureties, subject to conditions, despite the prosecution’s objections.
Summary
The petitioner, Suraj Kumar, was arrested on 31‑08‑2025 in connection with a kidnapping case (PS Chiraiya Case No. 366/2025) under Sections 96 and 3(5) of the B.N.S. He sought bail, claiming a clean antecedent and that the FIR was false, delayed, and the victim’s statement under Section 183 of the B.N.S.S., 2023 did not allege sexual assault and she refused medical examination. The informant and the State opposed bail, relying on the victim’s statement that the petitioner abducted her. The Court examined the delay in filing the FIR, the nature of the victim’s statement, and the petitioner’s criminal record, and decided to grant bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner on bail and to enforce the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the prosecution’s opposition and the alleged kidnapping charges.
- Whether the five‑day delay in filing the FIR and the victim’s statement under Section 183 affect the grant of bail.
- Whether the petitioner’s alleged clean antecedent and the lack of medical examination of the victim justify bail.
Legislation cited
- B.N.S. — s. 3(5), 96
- B.N.S.S., 2023 — s. 183
Subjects
- bail
- kidnapping
- Section 183
- delay in FIR
- criminal antecedent
- victim statement
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3555 of 2026
Arising Out of PS. Case No.-366 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Suraj kumar son of Late Radhamohan Paswan Resident of village -khoda, Ps-
Chiraiya, Dist- East champaran
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Biltu Sah son of Late Baidhnath Sah Resident of village -khoda, Ps-
Chiraiya, Dist- East champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
For the Informant : Mr. Vishal Prasad, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Hemant Ray, learned counsel for the
petitioner, Mr. Vishal Prasad, learned counsel for the Informant
and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
31.08.2025, in connection with Chiraiya P.S. Case No. 366 of
2025, F.I.R. dated 18.08.2025 registered for the offences
punishable under Sections 96, 3(5) of the B.N.S.
3. Allegation against the petitioner is that he along with
other co-accused persons have kidnapped the daughter of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
Patna High Court CR. MISC. No.3555 of 2026(3) dt.25-03-2026
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alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R. From perusal of
the F.I.R. it appears that the date of occurrence as alleged in the
F.I.R. is 13.08.2025 but the present F.I.R. was instituted on
18.08.2025 after delay of five days without giving any explanation
of delay and the victim was recovered and her statement under
Section 183 of the B.N.S.S., 2023 was recorded in which she has
not stated anything anything about the sexual assault and apart
from aforesaid it has come in paragraph-30 of the case diary that
she has refused for her medical examination. He further submits
that the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 31.08.2025.
5. Learned counsel for the Informant as well as learned
Additional Public Prosecutor for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim was recorded under
Section 183 of the B.N.S.S., 2023 in which she has fully supported
the case of the prosecution and she has stated that the petitioner
has abducted her.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released 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 learned
Patna High Court CR. MISC. No.3555 of 2026(3) dt.25-03-2026
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Judicial Magistrate 1st Class, Sikrahana at East Champaran in
connection with Chiraiya P.S. Case No. 366 of 2025, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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