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Patna High Court

Jyoti Raj @ Jyotish Kumar @ Jyotish MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 10,000 and specified conditions.

Summary

The petitioner, Jyoti Raj, was arrested on 30 May 2025 in connection with a kidnapping case (Lakhisarai P.S. Case No. 668 of 2024) under Section 96 of the B.N.S., 2023. He alleged that the FIR was fabricated and that the minor victim’s statement recorded under Section 183 of the B.N.S.S., 2023 did not support the prosecution. The petitioner also pointed out that he had previously been granted bail in a related matter (Cr. Misc. No. 42124 of 2025). The State opposed bail, noting two other pending cases where the petitioner was already on bail. Considering the victim’s non‑cooperation, the length of custody, and the petitioner’s claim of innocence, the Court ordered bail on a Rs 10,000 bond with two sureties and imposed conditions regarding trial attendance, evidence tampering, and verification of criminal antecedents. The bail order was issued subject to these conditions.

Issues considered

  • Whether bail should be granted to the petitioner in a kidnapping case under Section 96 of the B.N.S., 2023 given the victim’s statement under Section 183 of the B.N.S.S., 2023 and the period of custody.

Legislation cited

Subjects

  • bail
  • kidnapping
  • Section 96
  • Section 183
  • victim statement
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77661 of 2025
                   Arising Out of PS. Case No.-668 Year-2024 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Jyoti Raj @ Jyotish Kumar @ Jyotish Mahto Son of Krishnandan Mahto @
                 Krishna Mahto R/o Village - Kakan, P.S. and Dist. - Jamui.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX D/o- YYY R/o-Vill - Vidyapith Chowk P.S. - Lakhisarai District -
                 Lakhisarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rabi Bhushan, Advocate
                 For the State           :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   21-01-2026                    Despite of valid service of notice, no one appears on

                   behalf of Opposite Party No. 2.

                                 2. Heard Mr. Rabi Bhushan, learned counsel for the

                   petitioner and Mr. Shailendra Kumar, learned APP for the State.

                                 3. Petitioner seeks bail, who is in custody since

                   30.05.2025, in connection with Lakhisarai P.S. Case No. 668 of

                   2024, F.I.R. dated 19.12.2024                registered for the offences

                   punishable under Sections 96 of the B.N.S., 2023.

                                 4. Allegation against the petitioner is that he along with

                   other co-accused persons have kidnapped the minor daughter of

                   the informant.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.77661 of 2025(4) dt.21-01-2026
                                            2/3




          present case. He further submits that the allegation as alleged in

          the F.I.R. is false and fabricated and the petitioner has not

          committed any offence as alleged in the F.I.R. The informant has

          already filed another case for the same set of allegation i.e.

          Lakhisarai P.S Case No. 21 of 2025 under Sections 137(2) & 96 of

          the B.N.S., 2023 and the petitioner has been granted bail by a

          Coordinate Bench of this Court vide order dated 22.09.2025

          passed in Cr. Misc. No. 42124 of 2025. He further submits that

          the victim was recovered and her statement under Section 183 of

          the B.N.S.S., 2023 was recorded in which she has not supported

          the case of the prosecution and the police after investigation

          submitted chargesheet against the petitioner and the petitioner is in

          custody since 30.05.2025.

                       6. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner carries two more cases other than

          the present one in which he is on bail in the pending matters.

                       7. Considering the facts and circumstances of the case

          and the fact that the victim has not supported the case of the

          prosecution in her statement recorded under Section 183 of the

          B.N.S.S., 2023 a well as period of custody, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount each
               Patna High Court CR. MISC. No.77661 of 2025(4) dt.21-01-2026
                                                           3/3




                         to the satisfaction of            learned      Chief Judicial Magistrate,

                         Lakhisarai in connection with Lakhisarai P.S. Case No. 668 of

                         2024, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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