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Patna High Court

Vikas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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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