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Patna High Court

Vikash Sahni @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Vikash Sahni, sought anticipatory bail in a case registered under Sections 96, 352, 303(2) and 61(1) of the Bharatiya Nyaya Sanhita concerning the alleged abduction of a minor girl and theft of jewellery. The girl gave two conflicting statements: initially admitting a consensual relationship and leaving voluntarily, later alleging that the petitioner threatened her to hand over jewellery or face death and implicating an accomplice, Saurav Kumar. The police diary showed that Saurav Kumar was already in custody, casting doubt on the later statement. The petitioner, a student with no prior criminal record, offered an undertaking to appear for trial. Considering the contradictions, lack of antecedent, and the petitioner’s cooperation, the Court granted anticipatory bail with strict conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite contradictory statements by the minor witness.
  • Whether the later statement implicating an alleged accomplice is reliable given police records.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.

Legislation cited

Subjects

  • anticipatory bail
  • contradictory statements
  • minor witness
  • criminal antecedent
  • Bharatiya Nyaya Sanhita
  • bail conditions
  • false accusation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66343 of 2025
                  Arising Out of PS. Case No.-194 Year-2025 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Vikash Sahni @ Vikash Kumar S/o Ashok Sahni Ashok sahni R/o Mohalla-
                 Rambagh, Ward No. 23, P.S.- Laheriasarai, District- Darbhanga
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Ms. Madhumala Kumari, Advocate
                 For the State           :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-01-2026                          Heard Ms. Madhumala Kumari, learned counsel

                   for the petitioner and learned APP representing the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Bahadurpur P.S. Case No. 194 of 2025

                   registered for the offence under Sections 96, 352, 303(2) and

                   61(1) of the Bharatiya Nyaya Sanhita, lodged on 14.04.2025 by

                   the informant, Rajendra Sah.

                                 3. As per the prosecution story, the informant alleged

                   that in the morning, he found his minor daughter missing and

                   the cash amount/jewellery were also not found. Upon enquiry,

                   the role of the petitioner, his family members came which

                   followed the F.I.R..

                                 4. Subsequently, the girl returned and though the

                   earlier statement before the Police by the girl recorded that she

                   was in relationship with the petitioner but as the father was not

                   agreeable, she left her house and upon knowledge that F.I.R. has
Patna High Court CR. MISC. No.66343 of 2025(3) dt.21-01-2026
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          been lodged, returned. This was recorded on 15.04.2025 but

          later, the statement made by her under section 183 B.N.S.S. on

          the same day, recorded that the petitioner asked her to move

          alongwith jewellery/amount, else she will be killed.

                       5. Accordingly,            she      left   alongwith   the

          amount/jewellery but when they reached the petitioner’s house,

          the parents directed the boy to immediately get the girl returned

          to her home, else they will be implicated. Though, she returned

          home, but the amount/jewellery remained with the boy.

                       6. Learned counsel for the petitioner submits that on

          the same day, two different statement has been made by the girl,

          actually, they were in relationship, she left the place on her own

          but later, she has made a different statement, F.I.R. is there, he

          shall be facing the trial.

                       7. Further submission is that in her subsequent

          statement made by her, she made allegation against, Saurav

          Kumar as one of the accomplice who was present at the spot.

          However, the Police has recorded in paragraph no.44 of the case

          diary that actually, in a case of Excise Act in Madhubani P.S.

          Case No. 111 of 2025, Saurav Kumar was in custody since

          27.03.2025. The last submission is that the petitioner is a

          student/appearing for competitive exam and has no criminal
Patna High Court CR. MISC. No.66343 of 2025(3) dt.21-01-2026
                                            3/4




          antecedent.

                       8. Learned APP opposes the prayer submitting that

          the girl in her subsequent statement has made allegation against

          the petitioner.

                       9. Having heard the parties and going through the

          facts of the case, allegation is there but this Court cannot ignore

          the fact that the girl on the same day made two statements and

          atleast part of the statement made by her has been found to be

          untrue inasmuch as Saurav Kumar who she alleged was present

          at the spot is/was in custody two weeks prior to the said

          incident. The petitioner has no criminal antecedent, is a student,

          appearing for competitive exam, F.I.R. is there, an undertaking

          has been given that he shall be diligently appearing in trial, in

          that background, this Court is inclined to extend him the

          privilege of anticipatory bail.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of         learned Judicial Magistrate, First Class,

          Darbhanga, in connection with Bahadurpur P.S. Case No. 194

          of 2025 subject to the following conditions:-
            Patna High Court CR. MISC. No.66343 of 2025(3) dt.21-01-2026
                                                        4/4




                                   (i) one of the bailor should be the family

                      member/relative of the petitioner who shall provide official

                      document (Aadhar Card/Voter Id/Driving License/Pan Card) to

                      show his/her bona fide;

                                   (ii) the petitioner shall appear on each and every date

                      before the Trial Court and failure to do so for two consecutive

                      dates without plausible reason will entail cancellation of his/her

                      bail bond by the Trial Court itself;

                                   (iii) the petitioner shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (iv) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.

                                   10. This Court would like to put on record its word of

                      appreciation for         Ms. Madhumala Kumari, learned counsel

                      representing the petitioner for the proper assistance rendered in

                      the matter.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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