Patna High Court

Suraj Kumar @ Surya KumarversusThe State of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner with specified bond and surety conditions.

Summary

The petitioner, Suraj Kumar, was arrested in connection with a kidnapping case (Tarari PS Case No. 156 of 2024) under Section 96 of the Bharatiya Nyaya Sanhita. The victim was recovered from her house on 12 August 2024, and her statement under Section 183 BNSS indicated that the petitioner had taken her but she was later rescued by her family. The petitioner had been in custody since 16 October 2025. The petitioner’s counsel argued that the allegations were false and that he was falsely implicated. The court found the victim’s recovery and statement credible, rejected the claim of false implication, and consequently granted bail on condition of a Rs.10,000 bond with two sureties, while noting that the order was limited to bail and did not prejudice the trial. The bail order was issued by Justice Sandeep Kumar of the Patna High Court.

Issues considered

Whether bail should be granted to the accused in a kidnapping case under Section 96 of the Bharatiya Nyaya Sanhita given the recovery of the victim and the circumstances of the case.

Legislation cited

Bharatiya Nyaya Sanhita — s. 183, 96

Subjects

bail
kidnapping
Bharatiya Nyaya Sanhita
Section 96
criminal procedure
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8797 of 2026
                       Arising Out of PS. Case No.-156 Year-2024 Thana- TARARI District- Bhojpur
                 ======================================================
                 Suraj Kumar @ Surya Kumar S/o Mr. Shivmohar Ram @ Shimohar Ram R/o
                 Village - Jethwar, P.S.- Tarari, District - Bhojpur
                                                                     ... ... Petitioner/s
                                                        Versus
           1.     The State of Bihar Bihar
           2.     Sushil Kumar S/o Ram Pravesh Ram R/o Village - Jethwar, P.S - Tarari,
                  District - Bhojpur
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Harsh Vardhan
                 For the Opposite Party/s :       Mr.Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   31-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Tarari

                   P.S. Case No. 156 of 2024 registered for the offence punishable

                   under Section 96 of the Bharatiya Nyaya Sanhita.

                                3. From the FIR, it appears that the petitioner is

                   alleged to have kidnapped the victim.

                                4. The FIR was registered on 01.08.2024. The

                   recovery of the victim has been shown to be on 12.08.2024. The

                   victim in her statement under Section 183 of the BNSS has said

                   that the petitioner had taken her and thereafter her father and her

                   uncle were informed and they had taken her back and they were

                   also bringing the petitioner who had escaped. This statement has

                   been recorded on 12.08.2024.

                                5. The petitioner is in custody since 16.10.2025.
           Patna High Court CR. MISC. No.8797 of 2026(3) dt.31-03-2026
                                                       2/2




                                  6. It is not in dispute that the victim is alleged to have

                     been recovered by the police from her own house as recorded in

                     para-17 of the case diary.              Therefore, the contention of the

                     learned counsel for the petitioner the present is an absurd story

                     and the petitioner has been falsely implicated appears to be

                     credible.

                                  7. Considering the aforesaid, this application is

                     allowed.

                                  8. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

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

                     6th District and Additional Sessions Judge-cum- Exclusive

                     Special Court, POCSO Act, Bhojpur at Ara/ concerned Court in

                     connection with Tarari P.S. Case No. 156 of 2024.

                                  9. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                         (Sandeep Kumar, J)

P. Kumar
U      T

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