Patna High Court
Punit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the cases are not fit for grant of anticipatory bail and dismissed the applications.
Summary
Petitioners Punit Kumar and Shubham Kumar sought anticipatory bail after being implicated in a case registered under Sections 140(3), 352, 351(2) and 3(5) of the Bihar Negotiable Instruments Act, alleging that the victim was kidnapped and assaulted over a business dispute. The State contended that the victim’s statements, injury report and case diary confirmed the kidnapping and assault, while the petitioners claimed the case was false and that the victim had appeared suo moto before police. The Court examined the material on record, including the victim’s statement and medical report, and concluded that the allegations of kidnapping and assault were substantiated. Consequently, the Court found the matters unsuitable for anticipatory bail, dismissed the applications, and withdrew the interim protection previously granted. The petitioners were directed to surrender before the lower court within two weeks and to apply for regular bail, failing which the police would be instructed to arrest them.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the alleged kidnapping and assault.
- Whether the material on record substantiates the prosecution’s case under the cited sections of the Bihar Negotiable Instruments Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 140(3), 3(5), 351(2), 352
Subjects
- anticipatory bail
- kidnapping
- assault
- business dispute
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43542 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Punit Kumar Son of Nandjee Singh R/O Vill.- Masurhi, P.S.- Jagdishpur,
Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 53376 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Shubham Kumar S/O Nandjee Singh Resident of Village- Masurhi, P.S-
Jagdishpur, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 43542 of 2025)
For the Petitioner/s : Mr. Amit Srivastava, Sr. Adv.
Mr.Manoj Kumar
For the Opposite Party/s : Mr.Md. Mushtaque Alam
Mr. Sushil Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 53376 of 2025)
For the Petitioner/s : Mr. Amit Srivastava, Sr. Adv.
Mr.Manoj Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 30-01-2026 Heard the learned senior counsel for the petitioner,
learned counsel for the State and learned counsel for the
informant in both the aforesaid cases.
2. The petitioner of both the aforesaid cases
apprehend their arrest in connection with Ara Nawada P.S. Case
Patna High Court CR. MISC. No.43542 of 2025(6) dt.30-01-2026
2/3
No. 2025 of 2025 registered for the offence under Sections
140(3), 352, 351(2), 3(5) of the BNS.
3. As per the prosecution case, victim Shubham
Kumar was kidnapped by the accused persons because of
business dispute and he was assaulted also.
4. Learned senior counsel for the petitioner has
submitted that the victim was not kidnapped in fact, a false case
has been registered against the petitioners and other accused
persons as the victim sou-moto appeared before the police and
has given his statement.
5. Learned counsel for the informant and learned
counsel for the State have opposed the prayer of the petitioner
and have submitted that from the materials available in the case
diary and from the statement of the victim, it appears that
because of business dispute, the victim was kidnapped by the
petitioner and others. They further submits that the victim was
also assaulted by the accused persons which has been supported
by the injury report and the victim was released because of
police pressure.
6. I have considered the submission of the parties.
7. From the materials available on record it appears
that the petitioners along with others have kidnapped the victim
Patna High Court CR. MISC. No.43542 of 2025(6) dt.30-01-2026
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and have also assaulted him. Similarly situated accused persons
namely Rohit Kumar, Suman Shukla and Sanjay Kumar had
approached this Court for regular bail which has been rejected
by this Court vide order dated 19.12.2025 passed in Cr. Misc.
No. 69337 of 2025.
8. In view of the aforesaid discussions, this court does
not find the aforesaid cases fit for grant of anticipatory bail.
9. Accordingly, both the aforesaid application are
dismissed and the interim protection granted to the petitioners
vide order dated 16.07.2025 and 27.08.2025 are hereby
withdrawn.
10. The petitioner of both the aforesaid cases are
directed to surrender in the Court below within two weeks from
today and pray for regular bail failing which the Superintendent
of Police, Bhojpur will take all steps for arrest of the petitioners.
11. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Bhojpur and
Superintendent of Police, Buxar through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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