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Patna High Court

Navin Kumar Gupta @ Navin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Navin Kumar Gupta, applied for regular bail in a case registered under Sections 137(2), 96, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, alleging kidnapping of a minor. The prosecution alleged that the petitioner and co‑accused forcibly abducted the informant's daughter and assaulted the informant. The petitioner argued that the victim’s statement recorded under Section 183 BNSS denied any kidnapping and that he has a clean antecedent, having been in custody since 5 September 2025. The State opposed the bail, contending the seriousness of the offences. The Court, considering the victim’s denial, the petitioner’s clean record and the length of custody, allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner despite allegations of kidnapping and assault under Sections 137(2), 96, 351(2) and 3(5) of the BNSS.
  • Whether the victim’s statement under Section 183 BNSS negates the prosecution’s case and justifies bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • victim statement
  • clean antecedent
  • criminal procedure
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7744 of 2026
                     Arising Out of PS. Case No.-197 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Navin Kumar Gupta @ Navin Kumar S/o Ravi Shankar Sah Residents of
                 village- Hajipur, ward no 20, P.S. and District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyanshu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Khagaria P. S. Case No. 197 of 2025 registered for the offences

                   punishable under Sections 137(2), 96, 351(2), 3(5) of the

                   Bhartiya Nyaya Sanhita.

                                3. As per the prosecution case, on 19.06.2025 at about

                   4 AM, daughter of informant had gone to attend the call of

                   nature, in the meantime, this petitioner along with co-accused

                   Samso Kumar and Sonu Kumar Gupta came and forcibly

                   kidnapped her. It is further alleged that when informant went to

                   house of this petitioner to make complain, he was abused and

                   assaulted by this petitioner and other co-accused persons.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.7744 of 2026(2) dt.16-02-2026
                                                          2/2




                        though petitioner is named in the F.I.R. with accusation that he

                        along with other accused persons kidnapped minor daughter of

                        the informant but victim in her statement recorded under

                        Section 183 BNSS has denied the factum of kidnapping and has

                        stated that no one kidnapped her. Petitioner claims clean

                        antecedent and is in custody since 05.09.2025.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering statement of the victim recorded under

                        Section 183 BNSS, clean antecedent and period of custody, this

                        bail application is allowed. The petitioner, above named, is

                        directed to be released on bail on furnishing bail bond of Rs.

                        10,000/- (Ten thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Chief Judicial Magistrate,

                        Khagaria in connection with Khagaria P. S. Case No. 197 of

                        2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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