Patna High Court

Sumit KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Sumit Kumar, was implicated in a kidnapping case involving the minor daughter of an informant, registered as PS Case No. 377 of 2025. The prosecution alleged that the petitioner, along with co‑accused, abducted the child, and the victim’s statement recorded under Section 180 of the Bharatiya Nyaya Sanhita corroborated this claim. The petitioner sought anticipatory bail, fearing arrest under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita. The court examined the seriousness of the offence and the victim’s recorded testimony. Considering the gravity of the kidnapping and the evidentiary weight of the victim’s statement, the court refused the anticipatory bail application, thereby dismissing the petition.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a kidnapping case under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, given the victim’s statement under Section 180.

Legislation cited

Bharatiya Nyaya Sanhita — s. 137(2), 180, 96

Subjects

anticipatory bail
kidnapping
Bharatiya Nyaya Sanhita
Section 137
Section 96
Section 180
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84196 of 2025
                          Arising Out of PS. Case No.-377 Year-2025 Thana- BARH District- Patna
                 ======================================================
                 Sumit Kumar Son of Suresh Mahto Resident of Village - Balipur Gura
                 Mandir, P.S. - Barh, District - Patna. At present Village/Mohalla- Gaighat,
                 P.S.-Alamganj, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Tej Narayan Singh, Advocate
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   20-02-2026                  Heard learned counsel for the petitioner and the State.
                                2. Petitioner apprehends arrest in Barh P. S. Case No.
                   377 of 2025 registered for the offences punishable under
                   Sections 137(2), 96 of the Bharatiya Nyaya Sanhita.
                                3. As per prosecution case, this petitioner along with
                   other accused persons kidnapped minor daughter of the
                   informant. Victim in her statement, recorded under Section 180
                   BNSS, has supported the prosecution case and has categorically
                   stated that this petitioner kidnapped her.
                                4. In view of the gravity of the offence and statement
                   of the victim recorded under Section 180 BNSS, prayer for
                   anticipatory bail of the petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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