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Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner subject to specified conditions.

Summary

Kamlesh Kumar was implicated in a kidnapping case (Sections 363 and 366 IPC) after the victim’s statement under Section 164 CrPC named him as having accompanied the co‑accused Ranjan Kumar in forcibly taking her, her ornaments and her two‑year‑old son. The petitioner argued that the FIR was lodged against unknown miscreants, that he has a clean record, and that his name appears only because he knows the co‑accused. The State opposed bail, relying on the victim’s statement as proof of complicity. The Court examined the victim’s recovery from a rented house with the alleged paramour, the petitioner’s fair antecedent, and the lack of direct evidence linking him to the offence. It granted pre‑arrest bail on condition of a Rs 10,000 bond, two sureties, surrender within four weeks, and that one bailor be a close family member, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the victim’s statement implicating him.
  • Whether the evidence on record is sufficient to justify denial of bail under Sections 363 and 366 IPC.
  • Whether Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 permits the grant of bail in this circumstance.

Legislation cited

Subjects

  • pre‑arrest bail
  • kidnapping
  • IPC
  • Section 363
  • Section 366
  • Bharatiya Nagrik Suraksha Sanhita
  • fair antecedent
  • victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73536 of 2025
                      Arising Out of PS. Case No.-104 Year-2022 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Kamlesh Kumar S/O Sone Lal Sahni Resident of Village- Kothiya (Badi
                 Kothiya Sherpur), P.S.- Mushahari, District- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhavesh Kumar, Adv.
                 For the Opposite Party/s :        Mr. Ganesh Prasad Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   11-02-2026                    Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Karja P.S. Case No. 104 of 2022, registered for the offences

                   punishable under Sections 363 and 366 of the Indian Penal

                   Code.

                                3. Based upon the written report, it is alleged that on

                   18.04.2022, the informant did not return to his home and his

                   mother had also gone at her relatives place. In the meanwhile,

                   his wife alongwith her two years old son, left her house, without

                   any information. It is further alleged that some unknown persons

                   have enticed away the wife of the informant and while fleeing

                   away, she also took away her ornaments and cash.
Patna High Court CR. MISC. No.73536 of 2025(4) dt.11-02-2026
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                       4. Learned Advocate appearing on behalf of the

          petitioner referring to the FIR contended that the FIR has been

          instituted against unknown miscreants, however, during the

          course of investigation, the wife of the informant was recovered

          from a rented house, where she has been residing with her

          paramour, co-accused Ranjan Kumar, alongwith her son. It is

          contended that the name of the petitioner has surfaced in the

          statement of the victim recorded under Section 164 of the Code

          of Criminal Procedure, wherein she has stated that on the fateful

          day, co-accused Ranjan Kumar had come with the petitioner,

          who have forcefully taken her away. The statement of the victim

          does not inspire any confidence that two persons had forcibly

          entered the house and taken away a married woman alongwith

          all her ornaments, cash and two years old son. The petitioner has

          nothing to do with the present case, but only on account of he

          being known to Ranjan Kumar, co-accused, his name has been

          implicated in this case. The petitioner bears fair antecedent and

          undertakes that he will fully cooperate in the proceeding of the

          Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits

          that the complicity of the petitioner is writ large from the
             Patna High Court CR. MISC. No.73536 of 2025(4) dt.11-02-2026
                                                         3/3




                       statement of the victim recorded under Section 164 of the Code

                       of Criminal Procedure.

                                    6. Having considered the submissions advanced by

                       learned Advocate for the respective parties and taking note of

                       the materials available on record, specially the fact the victim

                       was recovered from a rented house alongwith her alleged

                       paramour, besides the fair antecedent of the petitioner, let the

                       petitioner above named be released on bail, in the event of his

                       arrest or surrender before the court below within a period of four

                       weeks from the date of receipt/production of a copy of this

                       order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                       with two sureties of the like amount each to the satisfaction of

                       the learned Judicial Magistrate, 1st Class, (West) Muzaffarpur in

                       connection with Karja P.S. Case No. 104 of 2022, subject to the

                       conditions laid down in Section 482(2) of the Bharatiya Nagrik

                       Suraksha Sanhita, 2023 with the further condition that one of the

                       bailors shall be the own/close family members of the petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T


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