Patna High Court
Nandan Ram @ Nandan @ Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties, and compliance with the conditions of Section 482 BNSS and Section 438(2) CrPC.
Summary
The petitioner, Nandan Ram, sought bail after being apprehended in connection with a kidnapping case (Rupauli PS Case No.84 of 2025) involving alleged kidnapping of the informant's daughter. The prosecution charged him under sections 137(2), 87, 352 and 3(5) of the Bihar Negotiable Sale Act, 2023. The victim’s statement recorded under section 180 indicated she left home voluntarily, weakening the kidnapping allegation. The court examined whether the circumstances justified denial of bail and considered the applicability of Section 438(2) CrPC and Section 482 of the BNSS. Finding the evidence insufficient to deny bail, the court allowed the bail application with conditions. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties and comply with the conditions of Section 482 and Section 438(2) CrPC.
Issues considered
- Whether bail should be granted to the petitioner despite charges of kidnapping under sections 137(2), 87, 352 and 3(5) of the BNSS, 2023.
- Whether the voluntary departure of the victim, as recorded under section 180 of the BNSS, negates the kidnapping allegation.
- Whether Section 438(2) of the Code of Criminal Procedure, 1973, and Section 482 of the BNSS, 2023, are applicable for granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- kidnapping
- Section 438 CrPC
- Section 482 BNSS
- voluntary departure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74039 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- RUPAULI District- Purnia
======================================================
Nandan Ram @ Nandan @ Nandan Kumar S/o Mukesh Ram R/o Village-
Nagarah Basa, Ward No. 13, P.O.- Dobha, P.S.- Rupauli, Distt.- Purnea, Pin-
854204, Bihar.
... ... Petitioner
Versus
1. The State of Bihar
2. Girdhari Ram s/o Dilip Ram R/O village khalpada Rupauli Purnia
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Nishant Kumar Sinha, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
For the Opp. Party No.2 : Mr. Ram Pravesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in
connection with Rupauli P.S. Case No.84 of 2025 registered for
the offence under sections 137(2), 87, 352, 3(5) of the B.N.S.,
2023.
3. The petitioner is said to have kidnapped the
daughter of the informant.
4. From the statement of the victim girl
recorded under section 180 of the B.N.S.S., it appears that she
had left her home on her own.
5. Considering the aforesaid facts, this
Patna High Court CR. MISC. No.74039 of 2025(4) dt.10-03-2026
2/2
application is allowed.
6. Accordingly, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Purnea / concerned Court below, in connection with
Rupauli P.S. Case No.84 of 2025, subject to the conditions laid
down in Section 482 of the BNSS / 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…