Patna High Court
Ritik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, a group of six relatives from Ramnath village, sought anticipatory bail fearing arrest in a case (No. 330 of 2024) registered under Sections 137(2) and 87 of the Bihar Narcotic Substances Act, where the prosecution alleged that Sanjay Sahani had kidnapped an informant’s daughter. The petitioners contended that they were falsely implicated, asserting that the victim had left her house voluntarily and that they were innocent despite having three prior criminal antecedents. The State opposed the grant of anticipatory bail. The Court examined the allegations, the petitioners’ claim of innocence, and the legal standards for anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS. Finding no sufficient ground to deny bail, the Court allowed the anticipatory bail application. It ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, within four weeks of the order, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the CrPC in view of the allegations under Sections 137(2) and 87 of the BNSS.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 482, 87
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- kidnapping allegation
- bail conditions
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6695 of 2026
Arising Out of PS. Case No.-330 Year-2024 Thana- VAISHALI District- Vaishali
======================================================
1. Ritik Kumar S/o Sanjay Sahani Resident of Village- Ramnath P.S.- Vaishali
(Belsar O.P.), District- Vaishali
2. Indu Devi W/o Sanjay Sahani Resident of Village- Ramnath P.S.- Vaishali
(Belsar O.P.), District- Vaishali
3. Manjay Sahani S/o Musafir Sahani Resident of Village- Ramnath P.S.-
Vaishali (Belsar O.P.), District- Vaishali
4. Punam Devi W/o Manjay Sahani Resident of Village- Ramnath P.S.-
Vaishali (Belsar O.P.), District- Vaishali
5. Musafir Sahani S/o Late Bula Sahani @ Late Gulu Sahani Resident of
Village- Ramnath P.S.- Vaishali (Belsar O.P.), District- Vaishali
6. Shakuntla Devi W/o Musafir Sahani Resident of Village- Ramnath P.S.-
Vaishali (Belsar O.P.), District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan No. II, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Vaishali (Belsar O.P.) P.S. Case No. 330 of
2024 registered for the offence under Sections 137(2), 87 of the
B.N.S.
3. As per the prosecution case, one Sanjay Sahani
is alleged to have kidnapped the informant’s daughter.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.6695 of 2026(3) dt.24-02-2026
2/2
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
from the statement of the victim girl, it appears that she had left
her house on her own will. Petitioner has three criminal
antecedents.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their 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) each with two sureties
of the like amount each to the satisfaction of the learned J.M. 1 st
Class, Vaishali/ concerned Court below in connection with
Vaishali (Belsar O.P.) P.S. Case No. 330 of 2024, 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/-
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