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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court conditionally granted pre‑arrest bail, directing verification of the victim’s statement and compliance with bail bond and surety requirements.

Summary

The petitioners, Nitish Kumar, Shobha Devi and Raj Kumar Paswan, applied for pre‑arrest bail in a kidnapping case (PS Case No. 325 of 2025) alleging they were falsely implicated. The FIR alleged they kidnapped a minor girl, but the victim’s statement under Section 180 BNSS did not support the prosecution, while the statement under Section 183 BNSS was not on record. The petitioners claimed innocence, clean antecedents and sought bail. The State opposed the bail. The High Court directed the District Court to verify the victim’s Section 183 statement and, if it does not support the case, to release the petitioners on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the BNSS, and to check their criminal antecedents. The bail application was disposed of conditionally.

Issues considered

  • Whether pre‑arrest bail can be granted in a kidnapping case under Sections 96 and 3(5) of the BNSS
  • Whether the victim’s statement under Section 183 BNSS, if not supportive, warrants bail
  • Whether the District Court must verify the victim’s statement before granting bail
  • Whether conditions under Section 482(2) of the BNSS apply to the bail order

Legislation cited

  • B.N.S.S. — s. 180, 183, 3(5), 482(2), 96

Subjects

  • pre‑arrest bail
  • kidnapping
  • victim statement verification
  • Section 182 BNSS
  • Section 482(2) BNSS
  • bail bond
  • sureties
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86337 of 2025
                       Arising Out of PS. Case No.-325 Year-2025 Thana- Kavaiya District- Lakhisarai
                 ======================================================
           1.     Nitish Kumar, Male, aged about 18 years, Son of Raj Kumar Paswan,
           2.    Shobha Devi, Female, aged about 49 years, Wife of Raj Kumar Paswan
           3.    Raj Kumar Paswan, Male, aged about 51 years, Son of Sukho Paswan,
                 All are Resident of Village- Naya Tola, Makuna, Ward No.-29, P.S.-
                 Kabaiya, District- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Md Irshad, Advocate
                 For the Opposite Party/s :         Mr. Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-01-2026                     Heard Mr. Md Irshad, learned counsel appearing on

                   behalf of the petitioners and Mr. Bishweshwar Ram, learned

                   APP for the State.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Kabaiya P.S. Case No. 325 of 2025, registered for the

                   offence punishable under Sections 96, 3(5) of the BNS.

                                 3. As per the allegation made in the FIR, petitioners

                   had allegedly kidnapped the minor daughter of the inofrmant.

                                 4. Learned counsel appearing on behalf of the

                   petitioners submitted that petitioners are innocent and have

                   falsely been implicated in the present case. Victim in her
Patna High Court CR. MISC. No.86337 of 2025(2) dt.16-01-2026
                                            2/3




          statement recorded under Section 180 BNSS before the police,

          has not supported the prosecution case. However, statement of

          the victim recorded under Section 183 BNSS could not be

          brought on record. Petitioners have clean antecedent. On these

          grounds, petitioners seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Considering the rival submissions made on behalf

          of the parties, learned District Court is directed verify the

          statement of the victim recorded under Section 183 BNSS and if

          it found that the victim girl has not supported the prosecution

          case, the petitioners, above named, are directed to be released

          on pre-arrest bail, in the event of their arrest or surrender before

          the learned District Court within a period of four weeks from

          today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned District Court where the case is

          pending, in connection with Kabaiya P.S. Case No. 325 of 2025,

          subject to the condition as laid down under Section 482(2) of

          the BNSS.

                       8. The learned District Court is directed to verify

          the criminal antecedent of the petitioners as stated in

          paragraph no. 3 of the bail application. If any other case is
              Patna High Court CR. MISC. No.86337 of 2025(2) dt.16-01-2026
                                                          3/3




                        pending against the petitioners as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.

                                     9. Accordingly, the present bail application stands

                        disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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