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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the alleged kidnapping and assault offences are grave and the victim's statement under Section 164 CrPC supports the prosecution.

Summary

The petitioner, Ranjeet Kumar, sought anticipatory bail in a criminal miscellaneous case arising from a 2023 FIR alleging kidnapping of a minor and related offences under Sections 364, 323 and 34 of the Indian Penal Code. The victim's statement, recorded under Section 164 of the Criminal Procedure Code, implicated the petitioner as one of the kidnappers. The petitioner argued that he feared arrest and therefore applied for anticipatory bail. The court examined the seriousness of the alleged offences and the weight of the victim's recorded statement. Considering the gravity of the kidnapping charge and the corroborative victim testimony, the court refused the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case involving kidnapping and assault under the IPC.
  • Whether the victim's statement recorded under Section 164 CrPC suffices to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Indian Penal Code
  • Criminal Procedure Code
  • bail jurisprudence
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7770 of 2026
                       Arising Out of PS. Case No.-399 Year-2023 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Ranjeet Kumar S/O Shiv Hari Prasad R/O Village- Rangpur, P.O- Jethiyan,
                 P.S- Atri, District- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and learned
                   A.P.P. for the State.
                                2. Petitioner apprehends arrest in Rajgir P. S. Case
                   No. 399 of 2023 registered for the offences punishable under
                   Sections 364, 323/34 of the Indian Penal Code.
                                3. Petitioner is named in the F.I.R. with allegation that
                   he along with other accused persons kidnapped minor son of the
                   informant. Victim in his statement, recorded under Section 164
                   of the Cr.P.C., has supported the prosecution case and has
                   named this petitioner as one of the kidnappers.
                                4. In view of the gravity of the offence and statement
                   of the victim recorded under Section 164 Cr.P.C., prayer for
                   anticipatory bail of the petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T


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