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Patna High Court

Bholu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary bond and specified conditions.

Summary

Bholu Kumar was arrested on 18‑04‑2025 in connection with a kidnapping case involving the minor daughter of an informant, under Sections 96 and 137(2) of the Bihar Narcotic Substances Act, 2023. The petitioner claimed he was falsely implicated, asserting that he and the victim were married and that the FIR was fabricated. The prosecution argued that the victim was a minor and had refused a medical examination, opposing bail. The court noted the petitioner’s clean antecedent, the victim’s statement of marriage, and the refusal of medical examination, and consequently ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to strict conditions regarding court appearances, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Purnea.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping case involving a minor under Sections 96 and 137(2) of the BNS, 2023.
  • Whether the petitioner’s clean antecedent and alleged marriage to the victim justify bail despite the victim’s minority and refusal for medical examination.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • false FIR
  • marriage
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85412 of 2025
                   Arising Out of PS. Case No.-123 Year-2025 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
                 Bholu Kumar S/o- Pankaj Poddar R/v- Madhopara Ps- K. Hat Dist- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manish Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mohammed Arif, APP
                 For the Informant        :      Mr. Sumit Kumar Bhaget, Advocate
                                                 Mrs. Suman Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   25-03-2026                     Heard Mr. Manish Kumar, learned counsel for the

                   petitioner, Mr. Sumit Kumar Bhaget, learned counsel for the

                   informant and Mr. Mohammed Arif, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   18.04.2025 in connection with K. Hat P.S. Case No. 123 of

                   2025, F.I.R. dated 26.03.2025 for the offences punishable under

                   Sections 96 and 137(2) of the BNS, 2023.

                               3. According to prosecution case, this petitioner has

                   kidnapped the minor daughter of the informant.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.85412 of 2025(3) dt.25-03-2026
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          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. In fact, the petitioner was in

          love with the victim girl and the victim has performed marriage

          with the petitioner. He further submits that the police after

          investigation submitted the charge sheet against the petitioner.

          The petitioner is in custody since 18.04.2025. Apart from the

          aforesaid, the victim has also refused for her medical

          examination.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner and submits that the victim is

          minor but fairly submits that she has refused for her medical

          examination.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, victim has stated in her

          statement that she has performed marriage with the petitioner

          and she has refused for her medical examination, let the

          petitioner, above named, be released on 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 Chief Judicial

          Magistrate, Purnea in connection with K. Hat P.S. Case No. 123

          of 2025, subject to the following conditions:-
            Patna High Court CR. MISC. No.85412 of 2025(3) dt.25-03-2026
                                                        3/3




                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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