Patna High Court
Suman Singh @ Kumar Suman SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 482
- Criminal Procedure Code — s. 438
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
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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
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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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