Patna High Court
Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Arbind Kumar was arrested in connection with a kidnapping case involving a minor, charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act. The petitioner contended that he was falsely implicated because the victim’s statement under Section 183 BNSS identified another co‑accused, Akhileshwar Kumar, as the perpetrator, and he has no prior criminal record. The State opposed bail, citing the seriousness of the offences. The court considered the victim’s statement, the petitioner’s lack of antecedents, and the period of custody, and decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, a family member as one bailor, mandatory appearance in court, and prohibition against tampering with evidence or witnesses.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with kidnapping and offences under the BNSS and POCSO Acts.
- Whether the victim’s statement under Section 183 BNSS, which implicates another co‑accused, negates the necessity of continued detention of the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 137(2), 3(5), 351(2), 351(3), 96
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- bail
- kidnapping
- minor
- false implication
- victim statement
- BNSS
- POCSO
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72657 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- BELAW District- Kaimur (Bhabua)
======================================================
Arbind Kumar S/o Akalu Singh R/o Village - Hudari, P.S - Belaon, District -
Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Virendra Kumar Singh S/o Late Bans Gopal Singh R/o Village - Hudari, P.S
- Belaon, District - Kaimur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State. None appears on behalf of the informant
despite notice being validly served.
2. The petitioner seeks bail in connection with Belaon
P.S. Case No. 57 of 2025 instituted for the offences under
Sections 137(2), 96, 126(2), 351(2), 351(3), 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 4/8 of the POCSO
Act.
3. Accusation against the accused persons including
the petitioner is of kidnapping the informant’s minor daughter
on the pretext of marriage.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.72657 of 2025(4) dt.13-01-2026
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petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that victim in her
Statement recorded under Section 183 of the BNSS has
specifically stated that it was the co-accused Akhileshwar
Kumar who took the victim with him and this petitioner had no
role in the alleged offence. He further submitted that the name
of the petitioner is being dragged in this case merely because he
is the brother of co-accused Akhileshwar Kumar. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 10.07.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, Section 183 BNSS statement of the victim as also
the period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Belaon P.S. Case No. 57 of 2025,
subject to the following conditions:
Patna High Court CR. MISC. No.72657 of 2025(4) dt.13-01-2026
3/3
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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