Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Amit Kumar, was arrested in connection with Piro Police Station Case No. 238/2025 for alleged kidnapping, charged under Sections 96, 137 and 3(5) of the B.N.S. The prosecution alleged that the petitioner abducted the victim, while the defence argued that the victim’s statement under Section 180 B.N.S.S. indicated that she had voluntarily eloped with the petitioner and that the petitioner was falsely implicated. The petitioner’s counsel highlighted his clean antecedents and his willingness to cooperate with the trial, and sought regular bail. The Additional Public Prosecutor opposed the bail on the ground of the seriousness of the kidnapping charge. After considering the facts, the Court held that the petitioner was entitled to regular bail and ordered his release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the kidnapping charge under Sections 96, 137 and 3(5) of the B.N.S.
- Whether the victim’s statement under Section 180 B.N.S.S. indicating elopement negates the prosecution’s case
- Whether the petitioner’s clean antecedents and cooperation warrant bail
Legislation cited
Subjects
- bail
- kidnapping
- regular bail
- criminal procedure
- Section 180
- victim statement
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7786 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- PIRO District- Bhojpur
======================================================
Amit Kumar Son of Binod Singh @ Purshuram Singh @ Vinod Singh
Resident of Village - Chapatahi, P.S.- Piro, District - Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mohammad Salim Ansari Son of Late Surman Ansari Resident of Village -
Keshwa (Keshwan), P.S.- Piro, District - Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Piro
P.S. Case No. 238/2025 registered for the offences punishable
under Sections 96, 137 and 3(5) of B.N.S.
3. As per the prosecution case, petitioner is accused of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that from the statement of the
victim recorded under Section 180 B.N.S.S., it appears that she
has eloped with the petitioner. Learned counsel further submits
Patna High Court CR. MISC. No.7786 of 2026(3) dt.16-04-2026
2/2
that petitioner has clean antecedent and he is in custody since
10.08.2025. The petitioner undertakes to co-operate in the case/
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Exclusive POCSO
Court-cum – ASJ-VI, Bhojpur/concerned Court below in
connection with Piro P.S. Case No. 238/2025.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…