Patna High Court
Subham Kumar @ Subham TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail, subject to a Rs 10,000 bond, two sureties and conditions relating to cooperation, presence, non‑tampering with evidence and verification of antecedent.
Summary
Subham Kumar, also known as Subham Tiwari, was arrested on 4 July 2025 in connection with a kidnapping case (FIR dated 2 July 2025) under Section 96 of the Bharatiya Nyay Sanhita, 2023. The informant alleged his daughter Rupa Kumari was abducted for marriage, but the victim’s statement recorded under Section 164 of the Cr.P.C did not implicate the petitioner. The petitioner, represented by Mr. Satish Pandey, argued that he has a clean antecedent and that the allegations are false and fabricated. The State, represented by Additional Public Prosecutor Mr. Bhanu Pratap Singh, opposed bail. The Court, after considering the clean antecedent and the victim’s non‑supportive statement, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence, non‑tampering with evidence, and verification of criminal antecedent. The bail order was issued subject to these conditions.
Issues considered
- Whether the petitioner is entitled to bail under Section 96 of the Bharatiya Nyay Sanhita, 2023 in view of the victim’s statement and his clean antecedent.
- Whether the prosecution’s opposition suffices to deny bail despite the lack of incriminating evidence against the petitioner.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 96
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- bail
- kidnapping
- false implication
- clean antecedent
- Section 96
- Bharatiya Nyay Sanhita
- victim statement
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79591 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- Badem P.S. District- Aurangabad
======================================================
Subham Kumar @ Subham Tiwari S/o Gopal Tiwari Resident of village-
Semara, PS- Barahara, Dist- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX D/o Taleshwar Yadav R/o vill - Shivanpur, P.O. - Ankoraha, P.s.-
Baden, Distt.- Aurangabad, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Pandey, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Despite of entered appearance through
Vakalatnama, no one appeared on behalf of the Informant.
2. Heard Mr. Satish Pandey, learned counsel for the
petitioner as well as Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
04.07.2025 in connection with Baden P.S. Case No. 45 of 2025,
F.I.R. dated 02.07.2025 for the offences punishable under
Sections 96 of the Bharatiya Nyay Sanhita, 2023.
4. According to prosecution case, the informant
alleged that his daughter, namely, Rupa Kumari, went to school
on 01.07.2025 but did not return home and on search, he was
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informed that some unknown persons have kidnapped her
daughter with intention of marriage.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. The petitioner is not named
in the FIR and statement of the victim was recorded under
Section 164 Cr.P.C/183 BNSS in which she did not supported
the case of the prosecution and she has also stated that the
petitioner has not role at all in the present occurrence and the
petitioner is in custody since 04.07.2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the victim did not supported
the case of the prosecution, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM-I, Aurangabad in connection
with Baden P.S. Case No. 45 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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