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Patna High Court

Ritesh Kumar @ Ritesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Ritesh Kumar, was charged under Sections 137(2) and 140(3) of the Bihar Narcotic Substances Act, 2023 for allegedly kidnapping the minor daughter of an informant. The victim testified under Section 180 of the Bihar Narcotic Substances (Special) Act, identifying the petitioner as one of the kidnappers. The petitioner also has five prior criminal convictions. The High Court considered the seriousness of the offence, the victim’s statement, and the petitioner’s antecedents and rejected his bail application. The court directed the trial court to expedite the trial and complete it within one year of receiving the order.

Issues considered

  • What is the appropriate bail jurisprudence for offences under Sections 137(2) and 140(3) of the B.N.S., 2023 involving kidnapping of a minor?
  • Do the victim’s statement under Section 180 B.N.S.S. and the petitioner’s five prior convictions justify denial of bail?

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor victim
  • criminal antecedent
  • B.N.S. 2023
  • expedited trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77820 of 2025
                 Arising Out of PS. Case No.-370 Year-2024 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Ritesh Kumar @ Ritesh Kumar Singh Son of Ram Bharosh Singh @ Ram
                 Bharos Singh Resident of Village- Ballochak, P.S.- Dalsingsarai, District-
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mahendra Pratap
                 For the Opposite Party/s :      Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   09-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 137(2), 140(3) of B.N.S., 2023.

                                3. Allegation against petitioner is that he along with

                   one co-accused forcibly kidnapped minor daughter of informant

                   while she was going to attend coaching class.

                                4. The victim girl has supported the prosecution case

                   in her statement recorded under Section 180 B.N.S.S. and has

                   named this petitioner, as one of the kidnappers. Besides this,

                   petitioner has got five criminal antecedent.

                                5. Considering the nature of accusation and criminal

                   antecedent,        the prayer for bail of petitioner is rejected.
           Patna High Court CR. MISC. No.77820 of 2025(4) dt.09-01-2026
                                                       2/2




                     However, since petitioner is in custody since 22.05.2025, the

                     learned trial court is directed to expedite the trial and conclude

                     the same preferably within a period of one year from the date of

                     receipt/production of copy of this order.



                                                  (Prabhat Kumar Singh, J)
anay

U      T


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