Patna High Court
Raj Kumar Gupta @ Bhola SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Raj Kumar Gupta and Rajiv Kumar, were charged under Sections 137(2), 140(3) and 3(5) of the B.N.S., 2023 for allegedly kidnapping the minor daughter of an informant. The victim’s statement recorded under Section 183 of the same Act identified Niraj Kumar as the primary offender, not the petitioners. The petitioners contended that they were falsely implicated, had no criminal antecedent, and had been in judicial custody since 9 October 2025. The State opposed the bail application, arguing the seriousness of the kidnapping charge. After hearing both sides, the Court found insufficient basis to deny bail and ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties.
Issues considered
- Whether the petitioners are entitled to bail in a kidnapping case under Sections 137(2), 140(3) and 3(5) of the B.N.S., 2023.
- Whether the victim’s statement under Section 183 sufficiently implicates the petitioners.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
Legislation cited
- B.N.S., 2023 — s. 137(2), 140(3), 183, 3(5)
Subjects
- kidnapping
- bail
- criminal procedure
- minor
- false implication
- B.N.S. 2023
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84991 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- Mufassil District- Khagaria
======================================================
1. Raj Kumar Gupta @ Bhola Sah S/O Shyam Sundar Sah R/O Village-
Durgapur, Ward No. 04, P.S- Muffasil, Distt.- Khagaria.
2. Rajiv Kumar S/O Chakradhar Prasad Sah R/O Village- Durgapur, Ward No.
04, P.S- Muffasil, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Muffasil P.S. Case No. 131 of 2025 registered for the
offence punishable under Sections 137(2), 140(3), 3(5) of the
B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioners have kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned counsel for the petitioner submits that during the
course of investigation, the victim was recovered and she has
Patna High Court CR. MISC. No.84991 of 2025(3) dt.31-01-2026
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given her statement recorded under Section 183 of the BNSS,
wherein she has stated that she was on talking terms with one
Niraj Kumar and Niraj Kumar forcefully boarded her on Auto and
took her to Khagaria railway station. Niraj Kumar along with his
maternal uncle, aunt and brother, were also there. They told her to
marry Niraj Kumar. She has further stated that she did not raise
any alarm intially; however, after arriving at Begusarai, she raised
an alarm. Thereafter, she was brought to Khagaria and from there
she was taken to Patna, where she was apprehended. Learned
counsel for the petitioner further submits that from perusal of the
statement of the victim recorded under Section 183 of the BNSS, it
is clear that the main thrust of allegation is against Niraj Kumar.
Moreover, a statement has been made in para 3 of the petition
that petitioners have no criminal antecedent and they are
languishing in judicial custody since 09.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.84991 of 2025(3) dt.31-01-2026
3/3
Chief Judicial Magistrate, Khagaria in connection with Muffasil
P.S. Case No. 131 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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