Patna High Court
Abhinash Kumar @ Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Abhinash Kumar, sought anticipatory bail after being named in an FIR for alleged kidnapping of an informant's wife, with charges under Sections 120B, 366, 376, 506 of the IPC and Section 27 of the Arms Act. The prosecution alleged that the petitioner, aided by an unknown associate, used criminal force to abduct the victim, and the victim’s statement under Section 164 of the CrPC supported the allegations. The petitioner contended innocence, clean antecedents, and argued that the complaint was filed after an inordinate delay of five days, rendering the case doubtful. The State and the informant opposed bail, emphasizing the specific accusations and the seriousness of the offences. The court, considering the direct nature of the accusation, the gravity of the offences, and the victim’s recorded statement, rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged kidnapping and related offences.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 120B, 366, 376, 506
Subjects
- anticipatory bail
- kidnapping
- IPC
- Arms Act
- CrPC
- section 164 statement
- criminal conspiracy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71139 of 2024
Arising Out of PS. Case No.-81 Year-2024 Thana- PASRAHA District- Khagaria
======================================================
Abhinash Kumar @ Munna Kumar S/o Fulo Mandal R/o Village- Telia
Bathan, Ward No. 08, P.S.- Pasraha, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Pawan Kumar , Advocate
For the State : Mr. Ashok Kumar Singh, APP
For the Informant : Mr. Prem Chand Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 27-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 120B, 366,
376 and 506 of the Indian Penal Code and Section 27 of the
Arms Act.
3. As per prosecution case, it is alleged that this
petitioner, with the help of one unknown associate, kidnapped
the wife of informant using criminal force.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
Patna High Court CR. MISC. No.71139 of 2024(5) dt.27-01-2026
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this case with ulterior motive. The present complaint petition
has been lodged after inordinate delay of five days and there is
no plausible explanation for the same, which itself makes the
entire prosecution case doubtful. Petitioner claims clean
antecedents.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioner and
submitted that petitioner is named in the F.I.R. with specific
accusation that he, along with one of his associate, kidnapped
the wife of informant. The victim in her statement recorded
under Section 164 of the Cr.P.C. has supported the prosecution
case.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and statement of the victim recorded under Section 164 of the
Cr.P.C., the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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