Patna High Court
Bholu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 96
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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