Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding prima facie doubt in the prosecution’s case.
Summary
The petitioner, Anil Kumar, was named in an FIR for kidnapping and alleged intent to murder the informant's wife, invoking Sections 137(2), 87 and 3(5) of the BNS. He contended that the case was false, arising from a property dispute with the informant, who is his cousin, and argued that the FIR was lodged after a delay and contained contradictions about the place of occurrence. The victim’s statement under Section 183 of the BNSS conflicted with the FIR, creating a prima facie doubt about the occurrence of the crime. The State opposed bail, relying on the victim’s statement as support for the allegations. The court noted the contradictions and the lack of convincing evidence, and consequently ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the contradictions between the FIR and the victim’s statement create sufficient doubt to grant bail
- Whether the petitioner’s alleged involvement in kidnapping and intent to murder warrants continued detention
- Whether the procedural delay in lodging the FIR affects the bail decision
Legislation cited
Subjects
- bail
- kidnapping
- contradictory evidence
- FIR delay
- Section 183
- Section 482
- criminal procedure
- property dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78455 of 2025
Arising Out of PS. Case No.-367 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Anil Kumar Son of Late Rameshwar Rai @ Rameshwar Ray Resident of
Village - Gariba, P.S.- Paroo, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 20-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Paroo P.S. Case No.
367 of 2025 registered for the offences punishable under
Sections 137(2), 87, 3(5) of BNS.
3. The allegation against petitioner is to kidnap wife of
the informant aged about 27 years alongwith his family
members and 2-3 unknown persons. A suspicion was raised that
kidnapping was made with an intention to commit murder.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the informant is the cousin brother
of the petitioner and out of property dispute the present false
case was lodged making informant’s wife instrumental. It is
Patna High Court CR. MISC. No.78455 of 2025(3) dt.20-02-2026
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submitted that FIR, in issue, was lodged after seven days. It is
submitted that it can not appears convincing that the petitioner,
who is 22 years old cousin brother-in-law kidnapped the victim,
who is of 27 years old and accompanied with her up to Delhi
against her will and no alarm was raised on her part.
5. Arguing further, it is submitted that during
investigation victim herself denied to join medical examination,
which further creates a doubt qua occurrence. It is submitted
that the victim was not recovered by the police rather she
appeared herself after passing some time. While concluding
arguments, it is submitted that petitioner is a man of clean
antecedent.
6. Learned APP while opposing the prayer of bail
submitted that the allegation is specific against petitioner which
also appears supported through statement of victim recorded
under Section 183 of BNSS.
7. Taking note of aforesaid submission, it is pointed
out by learned counsel for the petitioner that there is a major
contradictions as far place of occurrence is concerned, in this
context, it is pointed out that as per FIR, the victim was
kidnapped after calling from her home by this petitioner and
Patna High Court CR. MISC. No.78455 of 2025(3) dt.20-02-2026
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family members but as per statement of victim recorded under
Section 183 of BNSS she was kidnapped while she was going to
Paroo market.
8. In view of aforesaid factual submission and by
taking note of fact as prima-facie statement of victim recorded
under Section 183 of BNSS suggests a major contradiction qua
place of occurrence which creates prima-facie doubt qua
occurrence, accordingly petitioner above-named, in the event of
his arrest or surrender before the court below within a period of
four weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned JM 1 st
Class (west) court no. 9, Muzaffarpur /concerned Court, where
the case is pending in connection with Paroo P.S. Case No. 367
of 2025, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U
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