Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482 of the BNSS and Section 438(2) of the CrPC.
Summary
The petitioner, Ranjan Kumar, sought anticipatory bail fearing arrest in a kidnapping case (Doriganj P.S. Case No. 215 of 2025) filed under Sections 87 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that he kidnapped the victim, while the petitioner claimed innocence and false implication. The victim’s statement indicated she had married the petitioner and was a major, which the petitioner’s counsel highlighted. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the facts and submissions, granted anticipatory bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the CrPC in a kidnapping case under the BNSS.
- Whether the allegations under Sections 87 and 3(5) of the BNSS justify denial of bail.
- Whether the victim's claim of marriage to the petitioner impacts the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482, 87
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- Bharatiya Nyaya Sanhita
- CrPC
- Section 482
- Section 438
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88187 of 2025
Arising Out of PS. Case No.-215 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Ranjan Kumar son of Late Sunil Ray R/o- Singahi Mehruli, Ps- Doriganj,
Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhijeet Abhigyan, Advocate
For the State : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Doriganj P.S. Case No. 215 of 2025 instituted under
Sections 87 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is an
accused of kidnapping the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From the statement of the victim girl, it appears
that she has got married with the petitioner and she is a major.
Patna High Court CR. MISC. No.88187 of 2025(3) dt.26-02-2026
2/2
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M.-VII, Saran at Chhapra/ concerned Court in
connection with Doriganj P.S. Case No. 215 of 2025, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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