Patna High Court

Subhash KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the victim’s voluntary statement and the petitioner’s clean antecedents, anticipatory bail could be granted subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Subhash Kumar, sought anticipatory bail after being implicated in a case registered under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita concerning the alleged assault of an informant’s daughter. The informant’s daughter had gone missing, and the informant alleged that the petitioner threatened her and later assaulted her when she inquired about her daughter. The victim, who later married the petitioner, gave a statement under Section 183 of the BNSS stating she was in love with the petitioner and was not kidnapped. The State opposed bail, but the court, considering the victim’s voluntary statement and the petitioner’s clean antecedents, granted anticipatory bail with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita.
Whether the victim’s statement under Section 183 of the BNSS negates the necessity for custodial detention.
Whether conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be imposed on the anticipatory bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 137(2), 183, 96

Subjects

anticipatory bail
criminal procedure
Section 137(2)
Section 96
victim statement
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72716 of 2025
                       Arising Out of PS. Case No.-403 Year-2024 Thana- BALIYA District- Begusarai
                 ======================================================
                 Subhash Kumar, S/o Arjun Das, R/o Village- Lakhminia Madari, PS- Ballia,
                 Distt- Begusarai

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Chandan Kumar Kashyap, Advocate
                 For the Opposite Party/s :        Mrs. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                    Heard learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                  2. The petitioner apprehend his arrest in a case

                   registered for the offence under Sections 137(2) and 96 of the

                   Bhartiya Nyaya Sanhita.

                                  3. It is alleged that on 24.12.2024, the informant’s

                   daughter went missing after going to school. It is alleged that

                   prior to the occurrence, petitioner threatened the informant of

                   dire consequences when she stopped her daughter from taking

                   tuition. When the informant went to inquire about her

                   daughter at petitioner’s house, the accused persons assaulted

                   and abused the informant.

                                  4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence.
            Patna High Court CR. MISC. No.72716 of 2025(3) dt.13-01-2026
                                                        2/2




                      Both the parties are major. Petitioner had solemnized marriage

                      with victim on 09.02.2025. The victim in her statement under

                      Section 183 of the BNSS stated that she was in love with the

                      petitioner and no one kidnapped her. Petitioner claims clean

                      antecedent

                                    5. Learned A.P.P. for the State opposed the bail

                      petition of the petitioner.

                                    6. Considering the facts and circumstance of the case

                      and the statement of victim recorded under Section 183 of the

                      BNSS, the prayer for anticipatory bail of petitioner is allowed.

                      Let the above named petitioner, in the event of his

                      arrest/surrender within a period of eight weeks from today, be

                      enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of learned C.J.M., Begusarai in connection with

                      Baliya P.S. Case No. 403 of 2024, subject to condition as laid

                      down under Section 482 of the Bhartiya Nagrik Suraksha

                      Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T

Continue reading with your account

Checking your session…