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Patna High Court

Arjun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Arjun Kumar sought anticipatory bail fearing arrest in a kidnapping case (Belsand P.S. Case No. 139 of 2024) involving alleged offences under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act. The prosecution alleged that he, along with others, kidnapped a minor girl, while the petitioner claimed innocence, stating he is the brother of the main accused and that the victim has been recovered. The State opposed the bail application. The Court examined the facts and, applying Section 482(2) of the BNSS, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions. Consequently, the petitioner may be released on anticipatory bail if arrested or surrendered within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in a case involving alleged kidnapping and offences under the POCSO Act.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48365 of 2025
                      Arising Out of PS. Case No.-139 Year-2024 Thana- BELSAND District- Sitamarhi
                 ======================================================
                 Arjun Kumar S/o- Ramkisun Sah @ Ram Kishun Sah Village- Madhkaul
                 Jafarpur Ps- Belsand Dist- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Chandan Kumar S/o- Late Suresh Sah Village- Madhkaul Jafarpur Ps-
                 Belsand Dist- Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                                                   Ms. Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   09-03-2026                  Seen the Office Notes.

                                2. Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                3. The petitioner apprehends arrest in connection with

                   Belsand P.S. Case No. 139 of 2024 registered for offences under

                   Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 8 of the POCSO Act.

                                4. As per the prosecution case, the petitioner along

                   with others is accused of kidnapping the victim girl.

                                5. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner is the brother of the main
            Patna High Court CR. MISC. No.48365 of 2025(5) dt.09-03-2026
                                                        2/2




                      accused Manohar Kumar and the victim girl has been

                      recovered.

                                   6. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   7. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                   8. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Belsand P.S. Case No. 139 of 2024 subject to the conditions as

                      laid down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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