Patna High Court
Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing the prescribed bail bond and sureties.
Summary
Ayush Kumar was arrested in connection with a kidnapping case (Alauli P.S. Case No. 241 of 2025) alleged under Sections 96/3(5) of the BNS. The petitioner claimed innocence, asserting that the minor victim’s statement under Section 183 of the BNSS did not support the prosecution and that he had been in custody since 3 July 2025. The State opposed bail. The court examined the victim’s non‑supportive statement and the petitioner’s prolonged detention, and ordered that bail be granted on a bond of Rs 10,000 with two sureties of the same amount, subject to the petitioner’s cooperation with the trial. The order directed the lower court to release the petitioner on bail upon compliance with the conditions.
Issues considered
- Whether regular bail should be granted to the petitioner in a kidnapping case under Sections 96/3(5) of the BNS given the victim’s non‑supportive statement and the petitioner’s custody since 3 July 2025?
Legislation cited
Subjects
- regular bail
- kidnapping
- victim statement
- surety
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65649 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Ayush Kumar S/o Ram Nandan Mahto R/o vill - Khanjhapur, P.S.- Cheriya
Bariyarpur, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 29-01-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Alauli P.S. Case No. 241 of 2025, registered for the
offences punishable under Sections 96/3(5) of the BNS.
3. According to allegation, five named accused
persons forcibly kidnapped the minor daughter of the informant.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the victim did not
support the prosecution case in her statement recorded under
Section 183 of the BNSS. In her statement, she has stated that
her mother assaulted her, due to which she left her house. Later,
she came to know that her parents falsely implicated a boy,
Patna High Court CR. MISC. No.65649 of 2025(4) dt.29-01-2026
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namely Shahsikant. He has also submitted that the petitioner has
been in custody since 03.07.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The victim did not support the prosecution case in
her statement recorded under Section 183 of the BNSS and the
petitioner has been in custody since 03.07.2025.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned CJM, Khagaria/concerned court in connection with
Alauli P.S. Case No. 241 of 2025, subject to the following
conditions that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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