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Patna High Court

Subham Kumar @ Subham TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.79591 of 2025(3) dt.31-01-2026
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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
            Patna High Court CR. MISC. No.79591 of 2025(3) dt.31-01-2026
                                                        3/3




                      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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