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Patna High Court

Navin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no material evidence against him and deeming the prosecution’s case insufficient.

Summary

Navin Kumar was arrested in connection with a missing‑person case (Amas P.S. Case No. 212 of 2025) under Sections 96 and 137(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the informant’s daughter disappeared after going to a place of worship, but the victim’s statement recorded under Section 183 did not support the charge and a medical report showed no evidence of sexual assault. The petitioner, who has no prior criminal record and is not named in the FIR, claimed he was falsely implicated. The State opposed bail, but the court noted the absence of material against the petitioner and the submission of the charge sheet. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner in the absence of incriminating material and given the victim’s non‑supportive statement.
  • Whether the petitioner’s alleged false implication and lack of prior criminal antecedents justify release on bail.

Legislation cited

Subjects

  • bail
  • false implication
  • missing person
  • Bharatiya Nyaya Sanhita
  • Section 96
  • Section 137(2)
  • Section 183
  • no criminal antecedent
  • victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80591 of 2025
                          Arising Out of PS. Case No.-212 Year-2025 Thana- AMAS District- Gaya
                 ======================================================
                 Navin Kumar S/o- Vinod Chaudhary R/Village- Kala Pahari, Tendua Ps-
                 Tandwa Dist- Aurangabad

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :        Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026             Heard Mr. Sanjay Kumar, learned counsel for the

                   petitioner and Ms. Renu Kumari, learned APP for the State.

                   Perused the case diary.

                           2.      The petitioner seeks bail in connection with Amas

                   P.S. Case No. 212 of 2025 instituted for the offence under

                   Sections 96 & 137(2) of the Bharatiya Nyaya Sanhita, 2023.

                           3.      Prosecution case, in short, is that the informant’s

                   daughter went for worship near ‘Hamjapur More’ on 18.06.2025

                   and later went missing after failing to return home. Despite

                   searching with family members, she could not be traced.

                           4.      It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 31.07.2025. Petitioner

                   bears no criminal antecedent, as per disclosure made in
Patna High Court CR. MISC. No.80591 of 2025(3) dt.11-02-2026
                                            2/3




          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has transpired in the statement of the Victim recorded under

          Section 183 of the BNSS, 2023. Referring to statement of the

          victim recorded under Section 183 of the BNSS, 2023, it is

          submitted that victim has not supported the prosecution case. It

          is submitted that as per medical report, victim is major and there

          was no sign of sexual intercourse found. Charge sheet has

          already been submitted in this case.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, there being no

          material against the petitioner, even in the statement of the

          victim recorded under Section 183 of the BNSS, 2023 and

          charge sheet being submitted, this Court is inclined to grant bail

          to the petitioner.

                  8.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.80591 of 2025(3) dt.11-02-2026
                                                       3/3




                     below/concerned Court in connection with Amas P.S. Case No.

                     212 of 2025, subject to the following conditions:

                             (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. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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