Patna High Court
Abhishek Sharma @ Chhotu @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to regular bail as there is no substantive allegation against him and the arrest appears to be unfounded.
Summary
The petitioner, Abhishek Sharma, was arrested in connection with alleged abduction of a girl under Sections 137 and 87 of the Bihar Negotiable Statutes (B.N.S.) and Section 67(A) of the Income Tax Act. The victim later left home, married, travelled across several states and was eventually recovered, after which the police recorded her statement under Sections 180 and 183 of the B.N.S., which made no allegation against the petitioner. The petitioner pleaded innocence, clean antecedents and offered to cooperate with the trial, while his counsel argued that the arrest was unfounded. The Additional Public Prosecutor produced the victim’s statement showing no charge against the petitioner. Considering the lack of incriminating evidence and the victim’s statement, the Court allowed the petition for regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and issuing directions to the police to avoid frivolous arrests in similar cases.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 137, 87 of the B.N.S. and Section 67(A) of the I.T. Act.
- Whether the victim's statement under Sections 180 and 183 B.N.S. negates any allegation against the petitioner.
- Whether the arrest of the petitioner was frivolous and violative of procedural safeguards.
Legislation cited
- Bihar Negotiable Statutes — s. 137, 180, 183, 87
- Income Tax Act — s. 67(A)
Subjects
- regular bail
- abduction
- false implication
- victim statement
- police arrest
- Income Tax Act
- Bihar Negotiable Statutes
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8023 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- THAWE District- Gopalganj
======================================================
Abhishek Sharma @ Chhotu @ Abhishek Kumar son of Rajendra Sharma @
Rajendra Kumar Resident Of Village -Jhakhara Ps- Gopalpur District -West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Chandra, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 08-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 137 and 87
of the B.N.S. and Section 67(A) of I.T. Act.
3. As per the prosecution case, petitioner and others
are alleged to have abducted the victim girl.
4. The victim girl left her home, travelled to Patna,
got married to one Raunak Mishra and thereafter went to
Coimbatore. From there, she proceeded to Bangalore and
subsequently returned to Danapur, Bihar from where she was
recovered.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.8023 of 2026(8) dt.08-05-2026
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petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
clean antecedent and he is in custody since 08.12.2025. The
petitioner undertakes to co-operate in the case/ trial.
6. Mr. Jharkhandi Upadhyaya, learned APP for the
State has produced the statement of the victim girl recorded
under Sections 180 and 183 B.N.S.S and there is no allegation
against the petitioner.
7. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate,
Gopalganj/concerned Court below in connection with Thawe
P.S. Case No. 279 of 2025.
9. The Superintendent of Police, Gopalganj is directed
to ensure that in cases where a major girl elopes with her
boyfriend, unnecessary arrests shall not be made of persons who
are in no way involved in the crime, merely on the basis of the
FIR. The police should first attempt to recover the girl and only
thereafter any arrest be made.
Patna High Court CR. MISC. No.8023 of 2026(8) dt.08-05-2026
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10. Let a copy of this order be communicated through
FAX or e-mail to the Superintendent of Police, Gopalganj for its
compliance.
11. If, in future, such frivolous arrests are made,
appropriate compensation shall be awarded to the persons
harassed by the police.
(Sandeep Kumar, J)
tusharika/-
U T
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