Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court declined to grant anticipatory bail to the petitioner.
Summary
The petitioner, Sahil Kumar, was implicated in a case registered under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023, alleging that he, along with another boy, concealed two missing women who were later found missing from the informant's house. The petitioner claimed innocence, asserted that the victims left voluntarily, and highlighted a two‑day delay in filing the FIR, while also noting his clean criminal record. The State opposed the petition for anticipatory bail, contending that the victim was recovered from the co‑accused's house and that the petitioner fled the scene, indicating a risk of tampering with evidence or absconding. The Court examined the gravity of the allegations, the possibility of the petitioner influencing the investigation, and the precedent of granting regular bail to the co‑accused. Concluding that the circumstances did not warrant anticipatory bail, the Court rejected the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner poses a risk of fleeing or tampering with evidence warranting denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- kidnapping
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43419 of 2025
Arising Out of PS. Case No.-259 Year-2025 Thana- BARH District- Patna
======================================================
Sahil Kumar S/o Shailendra Paswan @ Satyendra Paswan R/o Village-
Dhakwahachak, P.S.- Barh, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prince Kumar singh, S/o- Late Upendra Prasad Singh R/O vill-
Kajmunichak, ward no.- 20, P.S.- Barh, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Earlier notices issued to O.P. No. 2 were
validly served. However, no one appears on behalf of the O.P.
No. 2. Perused the case diary.
2. The petitioner is apprehending arrest in Barh P.S.
case No. 259 of 2025 registered under Sections 137(2) and 96
of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution allegation, in short, is that two
bhagini of the informant went missing from his house and it was
discovered that two boys including the petitioner kept them
hidden.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43419 of 2025(4) dt.05-02-2026
2/2
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has got no criminal antecedent.
Learned counsel submits that no occurrence as alleged has taken
place. It is further submitted that the victims themselves on their
sweet will left informant’s house. There is delay of two days in
lodging the F.I.R.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
APP submits that the victim was recovered from the house of
co-accused and the petitioner fled away from the spot.
Considering the allegation, the petitioner does not deserve
anticipatory bail. Co-accused has been granted bail regular bail
by this Court.
6. Considering the aforesaid facts and circumstances
and nature and gravity of the allegation, this Court is not
inclined to grant anticipatory bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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