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Patna High Court

NITISH KUMAR @ MANORANJAN @ BABLUversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
             Patna High Court CR. MISC. No.76750 of 2025(4) dt.16-01-2026
                                                         3/3




                       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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