Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioners under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, relatives of the main accused in a kidnapping case (Bhagwanpur P.S. Case No. 191 of 2024), applied for bail fearing arrest under sections 87, 96, and 3(5) of the BNS. They claimed innocence and alleged that the accusations against them were false and omnibus. The State opposed the bail application. The Court examined the allegations and the petitioners' right to anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS. Finding no sufficient ground to deny bail, the Court allowed the application, directing release on a bail bond of Rs.10,000 with two sureties, subject to the conditions of the cited statutes. The order directs the petitioners to surrender within four weeks if arrested.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973 in view of the allegations under sections 87, 96 and 3(5) of the BNS.
- Whether the provisions of Section 482 of the BNSS preclude the grant of bail in the present circumstances.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
- bail bond
- relatives of accused
- kidnapping case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42745 of 2025
Arising Out of PS. Case No.-191 Year-2024 Thana- BHAGWANPUR District- Begusarai
======================================================
1. Krishna Kumar S/O Raja Ram Pandit Resident of Village- Gara Tola, Ward
No 04, PS- Bhagwanpur, District- Begusarai
2. Urmila Devi W/O Raja Ram Pandit Resident of Village- Gara Tola, Ward No
04, PS- Bhagwanpur, District- Begusarai
3. Raja Ram Pandit S/O Sakal Pandit Resident of Village- Gara Tola, Ward No
04, PS- Bhagwanpur, District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandan Kumar Mahto S/o- Naresh Mahto, R/o- Village- Marwa (Makhwa),
Post- Gara, P.S.- Bhagwanpur, Dist.- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Kumar Singh
For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Bhagwanpur P.S.Case No. 191 of 2024 registered for the
offence under sections 87, 96, 3(5) of the BNS.
3. The petitioners are relatives of the main accused
Dilkhush Kumar, who is alleged to have abducted the victim
girl.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and they have falsely
Patna High Court CR. MISC. No.42745 of 2025(5) dt.17-02-2026
2/2
implicated in this case. There is general and omnibus allegation
against the petitioners.
5. Learned counsel for the State has opposed the bail
application of the petitioners.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Begusarai / concerned court below in
connection with Bhagwanpur P.S.Case No. 191 of 2024, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973/ Section 482 of the BNSS.
(Sandeep Kumar, J)
N.K/-
U T
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