Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond, sureties and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Kanhaiya Kumar, sought anticipatory bail fearing arrest in a kidnapping case (Barahiya P.S. Case No. 293 of 2024) filed under Sections 96, 137(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that on 13 November 2024 the petitioner, along with co‑accused Suraj Kumar, abducted the minor daughter of an informant. The petitioner contended that he was falsely implicated, that the victim’s statement under Section 183 BNSS did not incriminate him, and that he has no prior criminal record. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 15,000 with two sureties, and complies with the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the kidnapping allegation
Whether the allegations and the victim’s statement under Section 183 BNSS constitute sufficient ground to deny bail
Applicability of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in granting anticipatory bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 96

Subjects

anticipatory bail
kidnapping
false implication
criminal antecedent
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
Section 482(2)
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5816 of 2026
                     Arising Out of PS. Case No.-293 Year-2024 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Kanhaiya Kumar S/o Shivendra Singh @ Simindra Singh Resident of Village
                 - Khushhal Tola, Ward No. 20, P.S. - Barahiya, District - Lakhisarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr.Dr. Indiwar Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Barahiya P.S. Case No. 293 of 2024, instituted for the

                   offences under Sections 96, 137(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. Prosecution case, in short, is that on 13.11.2024,

                   daughter of the informant gone to attend her coaching class, but

                   she did not return home. It is alleged that petitioner along with

                   other co-accused kidnapped his minor daughter.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. He

                   further submitted that co-accused Suraj Kumar had kidnapped

                   the victim girl and petitioner, being friend of said Suraj Kumar
           Patna High Court CR. MISC. No.5816 of 2026(2) dt.03-02-2026
                                                       2/2




                     has falsely been implicated in this case. In the statement

                     recorded under Section 183 BNSS, the victim does not disclose

                     anything against the petitioner. Learned counsel for the

                     petitioner submitted that general and omnibus allegation has

                     been made against the petitioner. It has been submitted on

                     behalf of the petitioner that the petitioner has no criminal

                     antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Barahiya P.S.

                     Case No. 293 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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