Patna High Court
NITISH KUMAR @ MANORANJAN @ BABLUversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Nitish Kumar, sought regular bail in a kidnapping case (IPC s.363) registered as Kurtha P.S. Case No.115 of 2023. The prosecution alleged that the petitioner abducted the informant’s daughter, who later went missing. The petitioner argued that he was falsely implicated, had a long acquaintance with the informant, and that a similar case (Kurtha P.S. Case No.302 of 2023) resulted in bail being granted. The victim had already testified in trial, stating that the petitioner did not misbehave and that she had voluntarily gone with him and married him. Considering the victim’s testimony, the petitioner’s two‑year pre‑trial custody, and the precedent of bail in the related case, the court ordered that bail be granted upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under IPC Section 363 after prolonged pre‑trial detention
- Whether the victim’s testimony and the grant of bail in a similar case justify bail in the present case
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 363
Subjects
- bail
- kidnapping
- IPC 363
- CrPC 164
- pre‑trial detention
- victim testimony
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76750 of 2025
Arising Out of PS. Case No.-115 Year-2023 Thana- KURTHA District- Jehanabad
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NITISH KUMAR @ MANORANJAN @ BABLU S/O RAVIKANT YADAV
@ CHHAVIKANT YADAV R/o vill - Chamandi, P.S.- Kurtha, Distt.- Arwal
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. X S/o Mr. Y R/o vill - Chamandi, P.s.- Kurtha, District- Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hastina Pratap, Advocate
Mr. Prakhar Praveen, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 16-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Kurtha P.S. Case no.115 of 2023
registered under section 363 of the Indian Penal Code.
3. As per the prosecution case, the informant states
that his daughter who left home at 9 a.m. on 1.4.2023 did not
return and was not to be found inspite of search.
4. Learned counsel for the petitioner submits that t he
earlier application for bail of the petitioner was rejected vide order
dated 11.4.2025 passed in Cr. Misc. no.1653 of 2025. T he
petitioner has been falsely implicated in the case. The informant
and the petitioner were well acquainted with each other since
long. Referring to one another case between the same parties for
Patna High Court CR. MISC. No.76750 of 2025(4) dt.16-01-2026
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a similar occurrence being Kurtha P.S. Case no.302 of 2023,
learned counsel for the petitioner submits that bail was granted
to the petitioner vide order dated 11.4.2025 passed in Cr. Misc.
no.1661 of 2025. Referring to the statement under section 164
Cr.P.C made in the said case, it is submitted that while the
informant/victim described her age to be 17½ years old therein,
she categorically stated that she went with the petitioner out of
her own volition and has married him. With respect to the facts
of the instant case, learned counsel submits that the victim has
already been examined as Prosecution Witness-2 in course of
trial. She has categorically stated therein in paragraph no.2 that
the petitioner did not misbehave with her. It is submitted that the
petitioner has remained in custody for over 2 years since
4.10.2023 and undertakes to cooperate in the trial.
5. The prayer for bail is opposed by learned A.P.P for
the State. It is submitted that pursuant to the direction of this
Court contained in order dated 28.11.2025, notice was served on
the opposite party no.2 and affidavit to the said effect has been
filed in this case.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R, the victim already having been examined in the
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learned trial Court, the submissions made on behalf of the
petitioner as recorded herein above especially with respect to
the contents of the order dated 11.4.2025 granting bail to the
petitioner in the connected similar case and the petitioner having
remained in custody for 2 years since 4.10.2023, the petitioner
is directed to be enlarged on bail in connection with Kurtha P.S.
Case no.115 of 2023 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Sessions Judge-VI-cum-
Special Judge (POCSO), Jehanabad.
(Partha Sarthy, J)
Shiv/-
U T
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