Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Chhotu Kumar and Raj Kumar, sought anticipatory bail fearing arrest in a kidnapping case (Bangra P.S. Case No. 03 of 2026) under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Raj Kumar kidnapped a married woman and the petitioners assisted him. The petitioners contended they were innocent, had clean antecedents, and pleaded for bail. The State opposed the bail application. The Court, after considering the facts and the petitioners' clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, clarifying that the observations were prima facie and not on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the kidnapping case under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 482(2), 87
Subjects
- anticipatory bail
- kidnapping
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38194 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- BANGARA District- Samastipur
======================================================
1. Chhotu Kumar S/o- Lakshman Ram Village- Gauspur, Sarsauna, P.S-
Bangra- District-Samastipur
2. Raj Kumar @ Shalu Kumar S/o- Vijay Ram Village- Gauspur, Sarsauna, P.S-
Bangra- District-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Bangra P.S. Case No. 03 of 2026 registered for offences under
Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. According to the prosecution case, Raja Kumar is
alleged to have kidnapped the victim, who is a married woman
and the mother of one child. The petitioners are alleged to have
assisted Raja Kumar in the commission of the said offence.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence. It
Patna High Court CR. MISC. No.38194 of 2026(2) dt.16-06-2026
2/2
is further submitted that the petitioners bear clean antecedents.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each 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 Bangra P.S. Case No. 03 of 2026 subject to the
conditions as laid down under Section 482(2) of the BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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