Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioners are entitled to anticipatory bail as the prosecution failed to establish a necessity for their detention.
Summary
The petitioners, members of the family of alleged kidnapper Rajan Kumar, applied for anticipatory bail fearing arrest in a case (Mohammadpur P.S. Case No. 36 of 2025) involving offences under Sections 137(2), 96, 305, 351(2) and 3(5) of the B.N.S. The State opposed the bail, arguing the seriousness of the charges. The petitioners contended they were innocent, falsely implicated, and possessed clean antecedents. The Court examined the material on record and found no compelling reason to deny bail. Consequently, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the Code of Criminal Procedure, 1973 in view of the allegations under the B.N.S.
- Whether the prosecution has demonstrated a necessity for the petitioners' custody that would preclude the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 137(2), 305, 3(5), 351(2), 482, 96
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- kidnapping
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57816 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
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1. Vikas Kumar S/o Bhagwan Mahto R/o Village - Shampur, P.S. -
Mohammadpur, District - Gopalganj
2. Vishal Kumar S/o Bhagwan Mahato R/o Village - Shampur, P.S. -
Mohammadpur, District - Gopalganj
3. Sri Bhagwan Mahto Son of Fulena Mahto R/o Village - Shampur, P.S. -
Mohammadpur, District - Gopalganj
4. Jogawali Devi Wife of Bhagwan Mahto R/o Village - Shampur, P.S. -
Mohammadpur, District - Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Janak Mahto S/o- Rudal Mahto R/o Village- Shampur PS- Mohammadpur
Dist.- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhakar Singh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Mohammadpur P.S. Case No. 36 of 2025
registered for the offence under Sections 137(2), 96, 305, 351(2)
and 3(5) of the B.N.S.
3. As per the prosecution case, one Rajan Kumar is
alleged of kidnapping the victim.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.57816 of 2025(5) dt.10-03-2026
2/2
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that the
petitioners are family members of the main accused Rajan
Kumar who is said to have kidnapped the victim. Petitioners
have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned District
and Addl. Judge- VI-cum-Spl. Judge, POCSO, Gopalganj/
concerned Court below in connection with Mohammadpur P.S.
Case No. 36 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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