Patna High Court

Shivaji Singh @ Shivji SinghversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The petition for pre‑arrest bail was denied.

Summary

Shivaji Singh applied for pre‑arrest bail after being implicated in a kidnapping case involving the minor sister of an informant. The prosecution alleged that Singh, along with co‑accused, abducted the child, and the victim’s statement recorded under Section 164 of the Criminal Procedure Code supported the charge. The offences alleged are punishable under Sections 366(A) and 34 of the Indian Penal Code, which are considered serious. The court examined the nature of the accusation, the victim’s detailed statement, and the overall circumstances of the case. Concluding that the seriousness of the charges outweighed the petitioner’s claim of apprehended arrest, the bench rejected the bail application.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case involving kidnapping of a minor under Sections 366(A) and 34 IPC

Legislation cited

Code of Criminal Procedure, 1973 — s. 164
Indian Penal Code — s. 34, 366(A)

Subjects

pre‑arrest bail
kidnapping
IPC 366A
IPC 34
CrPC 164
bail jurisprudence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.75297 of 2025
                     Arising Out of PS. Case No.-52 Year-2016 Thana- PATAHI District- East Champaran
                  ======================================================
                  Shivaji Singh @ Shivji Singh S/o Late Sitaram Singh R/o Village - Gonahi,
                  P.S - Patahi, District - East Champaran Presently residing at - Plot No. 100,
                  Khasra No. 42, Near SBI Bank Badli, P.S - Keshar Puran, District - North
                  West Delhi

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari , Advocate
                  For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    05-02-2026                      Heard learned counsel for the petitioner and the
                    State .
                              2. Petitioner apprehends arrest in a case registered for the
                    offence punishable under sections 366 (A)and 34 of IPC .
                              3 . As per the prosecution case , informant alleged that
                    this petitioner along with other co-accused persons kidnapped
                    minor sister of informant.
                              4. The victim in her statement recorded under section 164
                    Cr. PC had supported the prosecution case .
                              5 . Considering the nature and seriousness of accusation ,
                    183 BNSS statement of the victim and other circumstances of
                    the case , prayer for pre-arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T
Patna High Court CR. MISC. No.75297 of 2025(2) dt.05-02-2026
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