Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary surety and conditions.
Summary
The petitioner, Aman Kumar, was arrested in connection with a kidnapping case (Section 365 IPC) concerning the abduction of the informant’s father on 7 July 2022. The prosecution alleged that the petitioner, along with co‑accused, had threatened the victim’s father prior to the kidnapping. The petitioner’s counsel argued that he was falsely implicated, highlighted a five‑day delay in filing the FIR, pointed to an old enmity between the parties, and noted that another co‑accused had already been granted bail. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s five prior criminal antecedents. After considering the custody period, the nature of the allegations, and the precedent of bail to a co‑accused, the Court decided to grant bail subject to monetary surety and specific conditions.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under Section 365 IPC despite the seriousness of the offence.
- Whether the five‑day delay in lodging the FIR and alleged personal enmity justify bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 365
Subjects
- bail
- kidnapping
- Section 365 IPC
- Criminal Procedure Code
- pre‑trial detention
- delay in FIR
- personal enmity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79638 of 2025
Arising Out of PS. Case No.-500 Year-2022 Thana- SARAIYA District- Muzaffarpur
======================================================
Aman Kumar Son of Amrendra Kumar Singh Village- Rewa Rathore Tola, PS
-Saraiya, District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Mr. Ankit Kumar Singh, Advocate
Mr. Amit Narayan, Advocate
Mr. Aryan Kumar, Advocate
Ms. Vandna Rani, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Saraiya
P.S. Case No. 500 of 2022, instituted for the offences punishable
under Section 365 of the Indian Penal Code.
3. The prosecution case, in short, is that father of the
informant was kidnapped on 07.07.2022. It is further alleged
that prior to this incident, co-accused Amrendra Kumar singh
along with this petitioner and other co-accused had threatened
his father to kidnap and kill.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.79638 of 2025(3) dt.11-02-2026
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present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that there is
delay of five days in lodging the FIR. The petitioner and
informant are co-villagers and indirect relatives as well. There is
old enmity between the parties. It is next submitted that the
allegation levelled against the petitioner is general and omnibus
in nature. The petitioner is in custody since 12.07.2025 and has
got five criminal antecedents. Learned counsel for the petitioner
further submits that other co-accused has been granted regular
bail by a Co-ordinate Bench of this Court vide order dated
10.12.2025 passed in Cr. Misc. No. 65685 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Saraiya P.S. Case
No. 500 of 2022, subject to the following conditions:
Patna High Court CR. MISC. No.79638 of 2025(3) dt.11-02-2026
3/3
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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