Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail must be granted as the victim’s statement under Section 183 does not substantiate the kidnapping allegation.
Summary
The petitioner, Rohit Kumar, was arrested in connection with a kidnapping allegation under sections 137(2), 96 and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR, lodged a day after the alleged incident, claimed that he and others abducted the informant’s minor daughter, but the victim, who was over 17, later gave a statement under Section 183 of the BNSS stating that no kidnapping occurred. The petitioner argued that the accusation was false and that the delay in filing the FIR and the victim’s statement warranted bail. The State opposed the bail application. Considering the victim’s statement, the lack of supporting evidence, and the pending charge‑sheet, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the kidnapping allegation.
- Whether the one‑day delay in lodging the FIR affects the grant of bail.
- Whether the victim’s statement under Section 183 of the BNSS negates the kidnapping charge.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 3(5), 96
Subjects
- bail
- kidnapping
- false accusation
- victim statement
- Section 183
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83302 of 2025
Arising Out of PS. Case No.-598 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Rohit Kumar S/o- Late Arun Sahni Resident Of Village- Nagma, Ps- Belsar,
Dist-Vaishali At Hajipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anil Sahni S/o- Late Rameshwar Sahni R/v- Nagma Chakwaja PO-
Chakwaja, Nagma PS- Belsar Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachin Kumar, Adv.
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. No one appears on behalf of opposite party
no.2 despite valid service of notice.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Vaishali P.S. Case no.598 of 2025
registered under sections 137(2), 96 and 3(5) of BNS, 2023.
3. Allegation in the F.I.R is that petitioner along with
others kidnapped the informant’s minor daughter.
4. Learned counsel for the petitioner submits that
petitioner along with his family have been falsely made accused
for kidnapping the daughter of the informant. There is delay of
one day in lodging of the F.I.R. It would be apparent from the
Patna High Court CR. MISC. No.83302 of 2025(3) dt.19-02-2026
2/2
bail rejection order as also from the F.I.R itself that victim is
more than 17 years old girl and after recovery of the victim her
statement was recorded under Section 183 BNSS wherein she
has clearly stated that nobody has kidnapped her and as a matter
of fact she went to her grand-mother’s house after being scolded
by her mother. The petitioner is in custody since 17.08.2025 and
undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
victim has not supported the factum of the kidnapping under
Section 183 of BNSS and charge-sheet has been submitted in
the case, the petitioner is directed to be enlarged on bail in
connection with Vaishali P.S. Case no.598 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court concerned where the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…