Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Abhishek Kumar, applied for anticipatory bail fearing arrest in a kidnapping case (Punaura PS Case No. 99 of 2025) under Sections 137(2) and 96 of the B.N.S. The prosecution alleges that he abducted the informant's daughter, while the petitioner claims innocence, stating the girl eloped with him and that he has a clean antecedent. The State opposed the bail. The Court examined the allegations, the petitioner’s clean record, and the possibility of the victim’s voluntary elopement, and concluded that bail was appropriate. Accordingly, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the B.N.S.
- Whether the allegations of kidnapping under Sections 137(2) and 96 of the B.N.S. justify denial of bail
- Whether the petitioner’s clean antecedent and the claim of consensual elopement affect the bail decision
Legislation cited
- B.N.S. — s. 137(2), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- Section 438 CrPC
- Section 482 B.N.S.
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62745 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Abhishek Kumar S/o Upendra Mahto R/o Village- Satyamcha, P.S.-
Sitamarhi, Dist.- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ravi Niranjan Kumar S/o Late Shiv Shankar Mahto R/o Village- Govind
Fundah, Ward No. 4, P.S.- Punaura, Dist.- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Panaura P.S. Case No. 99 of 2025 registered for
the offence under Sections 137(2), 96 of the B.N.S.
3. As per the prosecution case, petitioner is alleged
to have kidnapped the informant's daughter.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Learned counsel further submits
that from the statement of the victim, it appears that she had
eloped with the petitioner. Petitioner has clean antecedent.
Patna High Court CR. MISC. No.62745 of 2025(5) dt.17-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his 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) with two sureties of the
like amount each to the satisfaction of the learned District and
Additional Sessions Judge-VI -cum- Special Judge (POCSO
Act), Sitamarhi/ concerned Court below in connection with
Punaura P.S. Case No. 99 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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