Patna High Court
Bichari KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to regular bail subject to a bail bond of Rs.10,000 and two sureties.
Summary
The petitioner, Bichari Kumar, was arrested in connection with a kidnapping and assault case (Chiraiya PS Case No. 258 of 2025) under Sections 96 and 3(5) of the B.N.S. The prosecution alleged that he and co‑accused abducted the complainant's minor daughter under the pretext of marriage and threatened her father. The petitioner contended that he was falsely implicated and relied on the victim's statement recorded under Section 183 of the B.N.S.S., which indicated she had left home voluntarily and later returned. The State opposed bail, but the court examined the victim's statement and the lack of any allegation of tampering in the charge‑sheet. Considering these circumstances, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving kidnapping, assault and threats under Sections 96 and 3(5) of the B.N.S.
- Whether the victim's statement under Section 183 of the B.N.S.S. negates the necessity of continued custody.
Legislation cited
Subjects
- regular bail
- kidnapping
- false implication
- victim statement
- Section 96 B.N.S.
- Section 3(5) B.N.S.
- Section 183 B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.718 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Bichari Kumar S/o Shambhu Rai @ Shambhu Yadav R/o Village - Santpur,
P.S - Muffasil, District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o Ramchandra Sahni R/o Village - Lalbegiya, P.S - Chiraiya, District -
East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Even after valid service of notice upon O.P.
No.2 he has chosen not to appear before this Court.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chiraiya P.S. Case No.
258 of 2025 dated 21.06.2025 registered for the offences
punishable under Sections 96 and 3(5) of B.N.S.
3. As per the prosecution case, the informant, namely,
Ramprasad Sahni alleged that on 28.05.2025 at about 05:30
AM, his minor daughter went to attend nature’s call, but she did
not return till late hours. Thereafter, the informant inquired
about the same and he came to know that petitioner and co-
Patna High Court CR. MISC. No.718 of 2026(3) dt.19-03-2026
2/3
accused persons kidnapped his daughter on the pretext of
marriage. When the informant went to the house of petitioner
and co-accused for inquiry of his daughter then this petitioner
and co-accused persons abused and assaulted the informant and
all the accused persons threatened him to kill his daughter.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case and referring
to Section 183 of B.N.S.S. statement which was called for by
order dated 15.01.2026, it submits that nothing has been alleged
against the petitioner. Moreover, she has stated that her parents
were trying to get her marriage with an elderly person so she left
the house and went her aunt’s house. Moreover, she went to
Nepal and started selling fruits and when she came to know
about this false case she came back and gave her statement
under Section 183 of B.N.S.S. The charge-sheet has been
submitted in this case and there is no allegation of tampering. It
is further submitted that this petitioner is in custody since
13.07.2025 and petitioner is an accused in one case, but not of
similar nature, in which he is on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.718 of 2026(3) dt.19-03-2026
3/3
case, particularly the statement of the victim recorded under
Section 183 of B.N.S.S., the petitioner above-named, is directed
to be enlarged on bail on furnishing bail-bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Court concerned, Motihari,
East Champaran, in connection with Chiraiya P.S. Case No. 258
of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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