Patna High Court
Budhan Paswan @ Budhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered anticipatory bail for all three petitioners, subject to surrender within four weeks and furnishing a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Budhan Paswan, Mukesh Paswan and Narayan Paswan, applied for anticipatory bail in connection with a kidnapping case registered under sections 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused had abducted the informant's daughter twice, the second abduction occurring on 26‑05‑2025. The daughter later gave a statement under section 183 of the B.N.S.S. stating that she had gone voluntarily with petitioner No.1, had married him, was pregnant and wished to live with him, thereby contradicting the prosecution’s case. The petitioners contended that they were falsely implicated. After hearing both sides, the Court granted anticipatory bail to all three petitioners, subject to their surrender within four weeks and furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether anticipatory bail should be granted to the accused under sections 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the victim's statement recorded under section 183 of the B.N.S.S. negates the prosecution's kidnapping allegation.
- Whether the conditions imposed for bail (surrender within four weeks, bond and sureties) are appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 3(5), 87
Subjects
- anticipatory bail
- kidnapping
- Bharatiya Nyaya Sanhita
- false implication
- victim statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5246 of 2026
Arising Out of PS. Case No.-24 Year-2025 Thana- BALUA BAZAR District- Supaul
======================================================
1. Budhan Paswan @ Budhan Kumar,
2. Mukesh Paswan @ Mukesh Kumar Paswan, Both are S/o- Narayan Paswan
3. Narayan Paswan S/o- Late Suvalal Paswan
All are resident of village- Baluwa Bazar, W.No-01, P.S.- Baluwa Bazar
Dist.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 22-04-2026 1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail
apprehending their arrest in connection with Baluwa Bazar P.S.
Case no.24 of 2025 registered for the offence punishable under
sections 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the accused persons had kidnapped his daughter for which
Baluwa P.S. Case no.13 of 2025 had been registered. After
recovery, his daughter has been handed over to him. It is further
stated that once again in the night of 26.5.2025, the accused of
the previous case including the petitioners herein kidnapped his
daughter.
4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. The
Patna High Court CR. MISC. No.5246 of 2026(4) dt.22-04-2026
2/2
allegation of kidnapping etc. are all false and concocted. The
daughter of the informant ie the alleged victim returned and her
statement was recorded under section 183 of the B.N.S.S.
wherein she has not supported the prosecution case but has
stated that she went voluntarily with the petitioner no.1, she has
married him and is in the family way. She wants to live with her
husband.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the daughter
of the informant having returned and specially the contents of
her statement recorded under section 183 B.N.S.S., it is directed
that all the three petitioners, above named, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Baluwa Bazar P.S. Case no.24 of 2025 on each
of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate I, Supaul.
(Partha Sarthy, J)
Saurabh/-
U T
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