Patna High Court

Kaisar Miya @ Kausar Ansari @ Kaishun Miya @ Kaishar MiyaversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Kaisar Miya, was arrested on 06‑03‑2025 for alleged kidnapping of the minor daughter of an informant under Sections 137 and 96 of the Bihar Narcotic Substances Act, 2023. He contended that the alleged kidnapping was a consensual elopement and that the victim’s statement recorded under Section 183 was made under parental pressure. The parties later reached a compromise, and the informant’s counsel did not dispute this settlement. The State opposed regular bail, arguing the seriousness of the offence, while the petitioner’s counsel highlighted his clean antecedents. After hearing both sides, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted in a kidnapping case where the parties have reached a compromise.
Whether a statement recorded under Section 183, allegedly made under pressure, can be relied upon to deny bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 137, 183, 96

Subjects

bail
kidnapping
compromise
statement under pressure
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62910 of 2025
                 Arising Out of PS. Case No.-410 Year-2024 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Kaisar Miya @ Kausar Ansari @ Kaishun Miya @ Kaishar Miya S/o- Anwar
                 Miya @ Anwar Ansari R/o Village- Medan Sirisiya PS - Kalyanpur District-
                 East Champaran
                                                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Dhanmanti Devi W/o- Mukesh Mahto R/o- Medan Sirisiya W. No- 8, PS -
                  Kalyanpur Dist. - East Champaran
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Dhurendra Kumar, Advocate
                                                 Mr. Sumit Kumar, Advocate
                 For the State           :       Ms. Shaheen Begum, A.P.P.
                 For the Informant       :       Mr. Suraj Kumar Tiwari, Advocate
                                                 Mr. Akshay Tripathi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-02-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 137 and 96 of the BNS,

                   2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 06.03.2025 and in sum and substance, the allegation is that

                   petitioner kidnapped the minor daughter of the informant. It is

                   further submitted that petitioner and victim were in love and

                   they had eloped. It is next submitted that victim has come back
           Patna High Court CR. MISC. No.62910 of 2025(3) dt.25-02-2026
                                                       2/2




                     and her statement has been recorded under Section 183 BNSS

                     wherein she has supported the case of the prosecution but then

                     the said statement was made under parental pressure. It is also

                     submitted that subsequently on intervention of the well-wishers,

                     the parties have compromised the case knowing that victim and

                     petitioner were in love.

                                  4. Learned A.P.P. for the State and learned counsel

                     appearing on behalf of the informant opposed the prayer for

                     regular bail of the petitioner. Learned counsel appearing on

                     behalf of the informant does not dispute the submission of the

                     learned counsel appearing on behalf of the petitioner and fairly

                     submits that the parties have compromised the case.

                                  5. After hearing the learned counsel for the parties,

                     the petitioner, above named, is directed to be released on bail on

                     furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

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

                     the learned Trial Court where the case is pending in connection

                     with Kalyanpur P.S. Case No. 410 of 2024.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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