Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Rajeev Kumar, was arrested in connection with a kidnapping case involving the minor daughter of an informant and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, asserting that he has no prior criminal record, was falsely implicated, and that the informant is not an eye‑witness; the victim’s statement under Section 183 did not incriminate him and a medical report showed no recent sexual assault. The State and the informant opposed bail. The court examined the charge sheet, the victim’s statement, and the petitioner’s clean record, finding no material against him. Consequently, the court granted bail subject to a cash bond of Rs.15,000 and two sureties, with conditions regarding family surety and appearance at trial. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether the petitioner is entitled to bail under the Bharatiya Nyaya Sanhita, 2023, given the nature of the offences and the evidentiary material.
- Whether the absence of incriminating statements by the victim and lack of prior criminal record justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 137, 3(5), 351(2), 352, 96
Subjects
- bail
- kidnapping
- minor
- Bharatiya Nyaya Sanhita
- criminal procedure
- court order
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72930 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- Sri Nagar District- Purnia
======================================================
Rajeev Kumar S/o Vimal Yadav Resident of Village-Tamta Tola, Ward no 3,
P.S- Maranga, District-Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raj Kishore Yadav S/o Late Sita Ram Yadav R/o Village- Devinagar, P.S.-
Srinagar, District- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Advocate
Mr. K.K. Pathak, Advocate
For the State : Ms. Rita Verma, APP
For the Informant : Mr. Suman Kumar Sawaishy, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant. Perused
the case diary.
2. The petitioner seeks bail in connection with
Srinagar P.S. Case No. 64 of 2025 instituted for the offence
under Sections 137, 96, 115(2), 351(2), 352 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that petitioner along
with co-accused kidnapped the minor daughter of the informant.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 15.06.2025. Petitioner
Patna High Court CR. MISC. No.72930 of 2025(3) dt.13-01-2026
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bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that informant
is not the eye witness. According to medical report, there was no
sign of recent sexual assault. Referring to the statement of the
victim recorded under Section 183 of the BNSS, 2023, it is
submitted that victim has not stated anything against the
petitioner. Charge sheet has already been submitted in this case.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
material against the petitioner even in the statement of the
victim recorded under Section 183 of the BNSS, 2023 and
charge sheet being submitted, this Court is inclined to grant bail
to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.72930 of 2025(3) dt.13-01-2026
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below/concerned Court in connection with Srinagar P.S. Case
No. 64 of 2025, subject to the following conditions:
(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.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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