Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to bail bonds and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Ajit Kumar and Madan Das, sought anticipatory bail fearing arrest in a kidnapping case (Barsoi PS Case No. 82 of 2025) filed under Sections 137(2), 140(3), 64 and 87 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners abducted a minor girl, while the petitioners contended they were innocent and that the informant was a major and literate. The victim’s statement indicated she was a major who had travelled with the petitioners, but the court found no compelling reason to deny bail. After considering the arguments, the court allowed the anticipatory bail application, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to the conditions of Section 482(2) of the BNSS. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the kidnapping allegations.
- Whether the allegations under Sections 137(2), 140(3), 64 and 87 of the Bharatiya Nyaya Sanhita, 2023, justify denial of bail.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita, 2023, can be invoked to impose conditions on the anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 482(2), 64, 87
Subjects
- anticipatory bail
- kidnapping
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail bond
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56049 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- BARSOI District- Katihar
======================================================
1. Ajit Kumar S/o Kekaru Das R/o village - Gughia, P.S - Barsoi, District -
Katihar
2. Madan Das S/o Late Chettu Das R/o village - Gughia, P.S - Barsoi, District -
Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punam Kumari D/o Chunnu Singh, R/o Village Singhia , PO Balupara PS
Barsoi, Dist Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh
For the Opposite Party/s : Mr. Md. Mushtaque Alam
For the O.P. No. 2 : Mr. Dharamnath Prasad Yadav
Mr. Jitendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the O.P.
No. 2.
2. The petitioners apprehend arrest in connection with
Barsoi P.S. Case No. 82 of 2025 registered for offences under
Sections 137(2), 140(3), 64 and 87 of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of kidnapping the victim girl.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.56049 of 2025(5) dt.20-02-2026
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petitioners are quite innocent and have not committed any
offence. He further submits that the informant is a major and
literate.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have considered the submissions of the parties.
From the statement of the victim, it appears that she is a
major and has travelled to a number of places with the
petitioners.
7. In view of the above, this application is allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their 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) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Katihar/concerned court
below in connection with Barsoi P.S. Case No. 82 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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