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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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