Patna High Court
Sunil Prasad @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, and barred further registration of a duplicate case for the same offence.
Summary
The petitioner, Sunil Prasad, was accused of kidnapping under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita in Gidha Police Station Case No. 154 of 2024. He had earlier been granted anticipatory bail in a separate kidnapping case (Ara Nawada P.S. Case No. 465 of 2024). The petitioner, now married to the alleged victim, feared arrest and applied for anticipatory bail in the present case. The State opposed the relief, arguing the seriousness of the offence. The Court, after considering the facts and the prior bail order, granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, invoking Section 482 of the BNSS and Section 438(2) of the CrPC, and directed the SHO not to register a duplicate case. The order effectively released the petitioner from immediate detention while the trial proceeds.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the kidnapping case under Sections 137(2) and 96 of the BNSS, considering the prior anticipatory bail and his marriage to the victim.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- kidnapping
- anticipatory bail
- marriage to victim
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- duplicate prosecution
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63783 of 2025
Arising Out of PS. Case No.-154 Year-2024 Thana- Geedha District- Bhojpur
======================================================
Sunil Prasad @ Sunil Kumar S/o Vimal Prasad R/o Village- Kakan Dihara,
P.S.- Pawana, District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Akhilesh Yadav S/o Maina Yadav R/o Village- Sakddi, P.S.- Koilwar, Distt.-
Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar Singh, Advocate
For the State : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Gidha P.S. Case No. 154 of 2024 instituted under Sections
137(2) and 96 of the Bharatiya Nyaya Sanhita.
3. The petitioner is accused of kidnapping the victim.
4. Earlier also the petitioner was accused in Ara
Nawada P.S. Case No. 465 of 2024 for the kidnapping of the
victim in which the petitioner was granted anticipatory bail by
this Court vide order dated 23.10.2024 passed in Cr. Misc. No.
71855 of 2024.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.63783 of 2025(4) dt.21-01-2026
2/2
again the present case has been filed though the petitioner has
got married to the victim.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate, Bhojpur at Ara/ concerned Court in
connection with Gidha P.S. Case No. 154 of2024, subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Code of Criminal Procedure, 1973.
8. The SHO of the Ara Nawada Police Station is
directed not to register case after case against the petitioner for
the same offence when the petitioner was already granted
anticipatory bail.
(Sandeep Kumar, J)
P. Kumar
U T
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