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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Nitish Kumar and Niraj Kumar, sought anticipatory bail fearing arrest in a case registered under IPC sections 341, 323, 307, 354, 504 and 34. The prosecution alleged that unknown persons had kidnapped the daughter of an informant, and the victim’s statement recorded under Section 164 of the Cr.P.C. named the petitioners as participants in the abduction. The petitioners contended they were not named in the FIR, have clean antecedents, and were falsely implicated due to village politics. The State opposed the bail, emphasizing the victim’s recorded statement and the seriousness of the offences. After considering the gravity of the alleged crimes and the victim’s testimony, the Court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the victim’s statement under Section 164 of the Cr.P.C. and the seriousness of the offences alleged.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • IPC
  • CrPC
  • Section 164
  • false implication
  • political victimisation
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7806 of 2026
                    Arising Out of PS. Case No.-92 Year-2024 Thana- PHULPARAS District- Madhubani
                 ======================================================
           1.     Nitish Kumar S/O Rasiklal Yadav R/O Village- Kisnipatti, P.S.- Phulparas,
                  District- Madhubani
           2.    Niraj Kumar @ Neeraj Kumar S/O Pramod Kumar Yadav R/O Village-
                 Ward no. 6, Kisnipatti, P.S.- Phulparas, District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Jitendra Kumar Bharti, Advocate
                 For the State           :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 341, 323,

                   307, 354, 504 and 34 of the Indian Penal Code. of the B.N.S..

                                3. As per prosecution case, it is alleged that some

                   unknown persons kidnapped the daughter of informant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that petitioners are quite innocent and

                   have committed no offence. Petitioners are not named in the

                   F.I.R. and have falsely been implicated in this case due to

                   village politics. Petitioners claim clean antecedents.
             Patna High Court CR. MISC. No.7806 of 2026(2) dt.20-02-2026
                                                         2/2




                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioners and submitted that during investigation, the

                       victim was recovered and in her statement recorded under

                       Section 164 of the Cr.P.C., she has named these petitioners and

                       has categorically stated that they were involved in her

                       abduction.

                                    6. Considering the facts and circumstances of the

                       case, gravity of offence and statement of the victim recorded

                       under Section 164 of the Cr.P.C., the prayer for grant of

                       anticipatory bail to the petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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