Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 482(2), 96
- Protection of Children from Sexual Offences Act — s. 8
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
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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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