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Patna High Court

Suman Singh @ Kumar Suman SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioners, Suman Singh and Bhouna Kumar, sought anticipatory bail after being implicated in a kidnapping case under Sections 87 and 3(5) of the Bihar Narcotic Substances Act. They argued they have clean antecedents and that the FIR, based on an informant’s allegation, is unreliable because the alleged caller’s identity is omitted and the victim’s father, a liquor dealer, may have motivated the complaint. The State opposed the bail, contending the seriousness of the alleged offences. The Court examined the credibility of the allegations, the petitioners’ background, and the procedural safeguards under Section 438 of the Cr.P.C. and Section 482 of the B.N.S.S. It concluded that anticipatory bail could be granted with conditions to ensure the investigation is not hampered. Accordingly, the petitioners were ordered to furnish bail bonds of Rs.10,000 each with two sureties, subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in a case of alleged kidnapping under Sections 87 and 3(5) of the Bihar Narcotic Substances Act.
  • Whether the FIR and the allegations against the petitioners are sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Section 438 Cr.P.C.
  • Bihar Narcotic Substances Act
  • FIR credibility
  • clean antecedent
  • illegal liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43246 of 2026
                        Arising Out of PS. Case No.-41 Year-2026 Thana- BATH District- Bhagalpur
                 ======================================================
           1.     Suman Singh @ Kumar Suman Singh S/O Late Shahdev Singh R/O Village-
                  Bath, P.S.- Bath, District- Bhagalpur
           2.    Bhouna Kumar @ Pranav Kumar@Mouna Kumar S/O Prakash singh @ Jay
                 Prakash Singh R/O Village- Bath, P.S.- Bath, District- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State, Shri Rabindra Kumar.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 87 and

                   3(5) of the BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that petitioners kidnapped her daughter on 11.04.2026 at

                   4 a.m. and took her to Bhagalpur, further Suman was asked by

                   someone to leave the victim if he wants safety, thus he left the

                   victim at Bhagalpur and fled and victim came back and

                   disclosed that she drank water and became unconscious and
Patna High Court CR. MISC. No.43246 of 2026(2) dt.13-07-2026
                                            2/3




          when she regained consciousness, she came back.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the same

          does not inspire confidence. It is next submitted that father of

          the victim deals in sale of illegal liquor in front of the shop of

          the petitioner no. 1 as such petitioner no. 1 had informed the

          police based on which Asarganj P.S. Case No. 12 of 2026 dated

          23.01.2026 came to be instituted, based on secret information in

          the said case father of the victim was taken in custody as such

          to settle score, the mother of the victim instituted the instant

          case. It is also submitted that it does not appear probable that

          had the petitioners kidnapped the victim they would have left

          her at Bhagalpur based on a call made asking Suman that if he

          wants his safety he should leave the victim, it is also submitted

          that name of the person who called the Suman is not disclosed

          in the FIR which casts an aspersion on the case of the

          prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned
           Patna High Court CR. MISC. No.43246 of 2026(2) dt.13-07-2026
                                                       3/3




                     counsel appearing on behalf of the petitioners, let the

                     petitioners, above-named, in the event of their arrest or

                     surrender within a period of six weeks from today, be released

                     on anticipatory 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 Trial Court where

                     the case is pending/Successor Court in connection with Bath

                     P.S. Case No. 41 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

vikram/-

U      T


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