Patna High Court
Vikas Kumar @ Vikas Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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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