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Patna High Court

Rakesh Kumar @ RakkuversusThe State of Bihar

Decided
Disposal
ALLOWED

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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