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Patna High Court

Anshul KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was not granted to the petitioner.

Summary

Anshul Kumar was arrested in connection with a kidnapping case (PS Muffasil Case No. 98 of 2025) involving the daughter of an informant, alleged to have been taken to Dehradun and subjected to a sexual relationship. The petitioner sought bail, claiming false implication and no prior criminal record, while the State argued the seriousness of the offences under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and cited the victim's statement under Section 183. The court considered the nature and gravity of the offences and the victim's recorded statement, and consequently refused bail at this stage. The trial court was directed to expedite the trial, but the petitioner was allowed to re‑apply for bail before the trial court if the trial exceeds five months. The order emphasizes that any subsequent bail application will be decided on its own merits without prejudice.

Issues considered

  • Whether bail should be granted to the petitioner in a kidnapping and sexual assault case under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • kidnapping
  • sexual assault
  • Bharatiya Nyaya Sanhita
  • victim statement
  • criminal procedure
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71691 of 2025
                    Arising Out of PS. Case No.-98 Year-2025 Thana- BEGUSARAI MUFFASIL District-
                                                         Begusarai
                 ======================================================
                 Anshul Kumar S/o Lalan Tanti Resident of Village - Tulsipur, Ward No.17,
                 P.S - Muffasil, District - Begusarai
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rahul Singh, Advocate
                 For the Opposite Party/s :      Mr.Aditya Narayan Singh.1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Muffasil P.S. Case No. 98 of 2025, instituted for the offences

                   under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. Prosecution case, in short, is that daughter of the

                   informant has been kidnapped by co-accused persons, including

                   the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case only on

                   suspicion. He further submits that petitioner is in custody since

                   19.06.2025 and has no criminal antecedent.

                               5. Learned A.P.P. for the State has vehemently
           Patna High Court CR. MISC. No.71691 of 2025(4) dt.28-01-2026
                                                       2/2




                     opposed the prayer for grant of bail to the petitioner. He further

                     submitted that the petitioner took the victim, daughter of the

                     informant, to Dehradun and established sexual relationship with

                     her. The victim, in her statement recorded under Section 183 of

                     BNSS, has supported the case of the prosecution.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, nature and gravity of offence as also the statement

                     of victim recorded under Section 183 of BNSS, this Court is not

                     inclined to grant bail to the petitioner at this stage.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of five months from today.

                     If any such application is filed before the learned court below,

                     the court concerned shall consider the same on its own merit

                     without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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