Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the applications for anticipatory bail are not maintainable and dismissed them.
Summary
The petitioners, Punit Kumar and Shubham Kumar, sought anticipatory bail in two criminal miscellaneous cases alleging that the kidnapping and assault charges under Sections 140(3), 352, 351(2) and 3(5) of the BNS were false. The prosecution alleged that the victims were kidnapped and assaulted due to a business dispute, supported by the victim's statement and injury report. The petitioners contended that the victim had appeared voluntarily before police and no kidnapping occurred. The Court examined the case diary, victim's statement, and medical report, concluding that the material on record indicated kidnapping and assault by the petitioners and co‑accused. Consequently, the Court found the cases unsuitable for anticipatory bail, dismissed the applications, withdrew the interim protection orders, and directed the petitioners to surrender and apply for regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged kidnapping and assault.
- Whether the allegations of kidnapping are substantiated by the evidence on record.
- Whether the interim protection orders previously granted should be withdrawn.
Legislation cited
- BNS — s. 140(3), 3(5), 351(2), 352
Subjects
- anticipatory bail
- kidnapping
- assault
- business dispute
- regular bail
- interim protection order
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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