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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted under Section 482(2) of the BNSS as the victim did not support the prosecution and the petitioner has a clean antecedent.

Summary

The petitioner, Mithlesh Kumar, sought anticipatory bail after being implicated in a case involving kidnapping, assault, and robbery under multiple sections of the BNS. He claimed a clean antecedent and alleged that the informant’s accusations were false, noting an eight‑day delay in filing the FIR and that the alleged victim, now an adult, did not support the prosecution. The victim’s statement under Section 183 BNSS disclosed her age as 18 and indicated a consensual relationship with the petitioner. The State opposed the bail, but the court considered the lack of victim cooperation and the petitioner’s background. Relying on Section 482(2) of the BNSS, the court ordered anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions, and directed release within six weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS given the nature of the allegations.
  • Whether the delay in filing the FIR and the victim’s non‑support of the prosecution affect the grant of anticipatory bail.

Legislation cited

  • BNS — s. 115(2), 126(2), 137(2), 176, 303(2), 3(5), 351(2), 76, 96
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • section 482
  • Bihar criminal law
  • FIR delay
  • victim testimony
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86416 of 2025
                     Arising Out of PS. Case No.-663 Year-2024 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Mithlesh Kumar S/o Shiv Kumar Chaudhary Resident of village - Budhnagra,
                 ward no. 02, P.S- Nanpur (Bokhra), District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State, Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 137(2), 176, 76, 96, 303(2), 351(2) and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that petitioner along with unknown accused persons

                   came and kidnapped her minor daughter at gun point on

                   14.12.2024, accordingly, the informant went to the house of

                   petitioner to complain, when father of petitioner assured that

                   victim will be returned on the next day, further, on the next day,

                   accused persons came and assaulted the informant and looted

                   ornaments and cash of Rs.6,000/-.
Patna High Court CR. MISC. No.86416 of 2025(2) dt.18-02-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that the date of occurrence is

          14.12.2024 and the FIR has been instituted on 22.12.2024 i.e.

          after a delay of eight days. It is further submitted that petitioner

          and the victim were in love and they eloped, the victim came

          back and her statement was recorded under Section 183 BNSS

          wherein she has not supported the case of the prosecution and

          has disclosed her age as 18 years, it is also submitted that even

          the learned Court assessed the victim as 18 years of age. It is

          also submitted that petitioner and the victim have performed

          their marriage and they are leading a peaceful conjugal life. It is

          also submitted that father of the petitioner along with Akhilesh

          had approached this Court seeking anticipatory bail by filing

          Criminal Miscellaneous No. 63891 of 2025 and the same came

          to be allowed by an order dated 23.09.2025 taking note of the

          fact that victim did not support the case of prosecution and has

          disclosed her age as 18 years.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the
            Patna High Court CR. MISC. No.86416 of 2025(2) dt.18-02-2026
                                                        3/3




                      event of his arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned trial

                      court where the case is pending/Successor Court in connection

                      with Nanpur (Bokhra) P.S. Case No. 663 of 2024, subject to the

                      conditions as laid down under Section 482(2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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