Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail as the victim’s voluntary departure undermines the abduction charge.
Summary
The petitioner, Sonu Kumar, was arrested in connection with a case registered under Sections 137(2), 87 and 3(5) of the Bihar Negotiable Substances Act for allegedly abducting a girl. He had been in custody since 16 July 2025. The petitioner’s counsel argued that the victim’s statement indicated she left her house voluntarily, casting doubt on the abduction allegation. The court examined whether the circumstances warranted continued detention or bail. Finding the victim’s voluntary departure relevant, the court concluded that the prosecution had not established a strong case for denial of bail. Consequently, the bail application was allowed subject to a bond of Rs.10,000 with two sureties. The petitioner was ordered to be released on bail.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under Sections 137(2), 87 and 3(5) of the BNS.
- Whether the victim’s statement that she left her house voluntarily negates the abduction allegation.
Legislation cited
- Bihar Negotiable Substances Act — s. 137(2), 3(5), 87
Subjects
- bail
- abduction
- criminal procedure
- Bihar Negotiable Substances Act
- Sections 137(2)
- Section 87
- Section 3(5)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82247 of 2025
Arising Out of PS. Case No.-940 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Sonu Kumar S/O Rajdeo Rai @Rajdev Ray R/O village - Bisautha, P.S-
Katra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bela Singh
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ahiyapur P.S. Case No. 940 of 2025 registered for the offence
under Sections 137(2), 87, 3(5) of the BNS.
3. As per the prosecution case, the petitioner is
said to have abducted the victim girl.
4. The petitioner is in custody since 16.07.2025 and
it has been submitted by the learned counsel for the petitioner
that from the statement of the victim girl, it appears that she has
left her house on her own.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.82247 of 2025(7) dt.14-05-2026
2/2
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 concerned Court below in connection with Ahiyapur
P.S. Case No. 940 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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