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Patna High Court

Sahil KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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