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Patna High Court

Vikas Kumar @ Vikas Kumar MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail was allowed.

Summary

The petitioner, Vikas Kumar, applied for regular bail in a kidnapping case registered as Biraul P.S. Case No. 441/2025, alleging offences under Sections 137(2), 87 and 3(5) of the B.N.S. The prosecution alleged that he kidnapped the victim, while the petitioner claimed innocence, stating that the victim had eloped and married him. He asserted a clean antecedent and had been in custody since 31‑10‑2025, offering to cooperate with the trial. The State opposed the bail, but the court, after considering the facts, granted regular bail. The petitioner was ordered to be released on furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the kidnapping allegation
  • Whether the nature of the offences under Sections 137(2), 87 and 3(5) of the B.N.S. warrants denial of bail
  • Whether the petitioner's clean antecedent and claim of consensual elopement justify bail

Legislation cited

  • B.N.S. — s. 137(2), 3(5), 87

Subjects

  • bail
  • regular bail
  • kidnapping
  • criminal procedure
  • clean antecedent
  • elopement
  • B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5680 of 2026
                      Arising Out of PS. Case No.-441 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 Vikas Kumar @ Vikas Kumar Mukhiya Son of Karan Kumar Kevat Resident
                 of Village - Afjala, P.S. -Biraul, Distrit - Darbhanga.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amit Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   31-03-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Biraul

                   P.S. Case No. 441/2025 registered for the offences punishable

                   under Sections 137(2)/ 87/ 3(5) of B.N.S.

                                3. As per the prosecution case, petitioner is alleged of

                   kidnapping the victim.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that from the

                   statement of the victim, it appears that she has eloped with the

                   petitioner and has got married to him. Petitioner has clean

                   antecedent and he is in custody since 31.10.2025. The petitioner

                   undertakes to co-operate in the case/ trial.
              Patna High Court CR. MISC. No.5680 of 2026(3) dt.31-03-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned A.C.J.M., Biraul, Darbhanga

                        /concerned Court below in connection with Biraul P.S. Case

                        No. 441/2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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