Patna High Court
Rakesh Kumar @ RakkuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Rakesh Kumar, the petitioner, applied for bail in a case registered as Kursela P.S. Case No. 235 of 2025, which alleged his involvement in offences under Sections 137(2), 140(3), 142, 97 and 3(5) of the B.N.S. The prosecution alleged that a minor’s son was kidnapped by a person named Dharmendra, and the petitioner’s name appeared during the investigation, with CCTV footage showing a baby being taken on a scooter on which the petitioner was allegedly seated. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that the victim’s statement under Section 183 of the B.N.S.S. named only Dharmendra, not him. The State opposed bail, but the court, after considering the lack of direct incriminating evidence against the petitioner and his custody since 09‑11‑2025, decided to grant bail. The court ordered the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the learned C.J.M., Katihar.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the B.N.S.
- Whether the absence of the petitioner’s name in the victim’s statement and lack of prior criminal record justify bail
Legislation cited
- B.N.S. — s. 137(2), 140(3), 142, 3(5), 97
Subjects
- bail
- criminal procedure
- false implication
- kidnapping
- minor victim
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8601 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Rakesh Kumar @ Rakku, S/o Atul Kumar Mandal @ Atul Mandal, Resident
of Village- Sameli, P.S.- Kursela, Dist.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kursela P.S. Case No.235 of 2025 registered for the
offence punishable under Sections 137(2), 140(3), 142, 97 and
3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
minor son of the informant was being kidnapped by one
Dharmendra.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The name of this petitioner has surfaced during course of
Patna High Court CR. MISC. No.8601 of 2026(2) dt.17-02-2026
2/2
investigation. From perusal of CCTV footage, it was found that
a baby was being taken on a scooter and it is said that this
petitioner was also sitting on that scooter. It has further been
submitted that victim boy has been recovered and he has given
his statement under Section 183 of the B.N.S.S. from perusal of
which it is clear that he has not named this petitioner rather he
has only named Dharmendra and all the allegations are against
Dharmendra. Petitioner is having no criminal antecedent and he
is languishing in judicial custody since 09.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Katihar in connection with Kursela P.S. Case No. 235 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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