Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
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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
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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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