Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail, confirming the provisional bail previously granted.
Summary
The petitioner, Rohit Kumar, was arrested in connection with a kidnapping case (PS Case No. 288/2025) alleged under Section 87 of the B.N.S. The prosecution alleged that he abducted the informant's daughter, while the petitioner claimed innocence, asserting that he and the victim were in a consensual relationship and that he has a clean record. He had been in custody since 19 July 2025 and had previously been granted provisional bail on 3 December 2025. The petitioner’s counsel argued for regular bail, emphasizing his cooperation, lack of prior convictions, and the circumstances of the alleged offence. The Additional Public Prosecutor opposed the bail, but the court, after considering the facts, confirmed the provisional bail and allowed the regular bail application, directing the petitioner to remain on the same bail bonds.
Issues considered
- What is the appropriate basis for granting regular bail to a person accused under Section 87 of the B.N.S.?
- Whether the provisional bail granted on 3 December 2025 can be confirmed as regular bail?
Legislation cited
- B.N.S. — s. 87
Subjects
- bail
- kidnapping
- Section 87
- provisional bail
- regular bail
- High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83263 of 2025
Arising Out of PS. Case No.-288 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Rohit Kumar S/O Ayush Manjhi @ Abju Manjhi R/O Vill.- Khaira, P.S.-
Kawakole, Dist - Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sumiya Devi W/o Giro Manjhi R/o- Village - Khaira, P.S. - Kawakole
District - Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 30-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with
Kawakole P.S. Case No. 288/2025 registered for the offences
punishable under Section 87 of B.N.S.
3. As per the prosecution case, petitioner is alleged to
have kidnapped the daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
statement of the victim, it appears that the petitioner and the
Patna High Court CR. MISC. No.83263 of 2025(5) dt.30-03-2026
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victim were in a relationship. Petitioner has clean antecedent
and he is in custody since 19.07.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Considering the aforesaid, this application is
allowed and the provisional bail granted to the petitioner vide
order dated 3.12.2025, is hereby confirmed and the petitioner
will remain on the same bail bonds as executed by him earlier.
(Sandeep Kumar, J)
tusharika/-
U T
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