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Patna High Court

Abhinash Kumar @ Munna KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                         2/2




                       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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