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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 137(2), 3(5), 87
  • BNSS — s. 183, 482(2)

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
                                                      3/3




                    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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