Patna High Court
Bajrangi TamoliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Bajrangi Tamoli was arrested in a case alleging kidnapping of an informant's wife and son under Sections 173(2) and 140(3) of the Bharatiya Nyaya Sanhita. The petitioner applied for anticipatory bail, claiming innocence and a clean record. The alleged victim, the informant's wife, gave a statement under Section 183 of the Bharatiya Nyaya Sanhita, denying any kidnapping and stating she left voluntarily. The State opposed the bail application. Considering the victim's statement and the lack of incriminating evidence, the court granted anticipatory bail subject to a bond of Rs. 10,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the victim's statement denying kidnapping.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 140(3), 173(2), 183
Subjects
- anticipatory bail
- kidnapping
- victim statement
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5895 of 2026
Arising Out of PS. Case No.-455 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Bajrangi Tamoli S/o Naresh Tamoli R/o village- Durgapur, P.S.- Giriyak,
District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranvijay Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 29-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 173(2), 140(3) of the
Bharatiya Nyaya Sanhita.
3. It is alleged this petitioner kidnapped the wife and
son of informant with oblique motive.
4. Learned counsel appearing for the petitioner
submits that petitioner is innocent and has committed no
offence. Upon search, wife of the informant was recovered and
in her statement, recorded under Section 183 BNSS, denied the
factum of kidnapping and stated that she left the house on her
own sweet will. Age of the victim is 32 years. Petitioner claims
clean antecedent.
Patna High Court CR. MISC. No.5895 of 2026(5) dt.29-06-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Nalanda in connection with Giriyak P. S. Case No.
455 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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