Patna High Court
Anshul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 183, 3(5)
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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