Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.
Summary
Rohit Kumar was arrested in connection with a kidnapping case (Ghoshi PS Case No. 511 of 2024) alleging he abducted the informant's minor daughter and kept her in Delhi. The petitioner contended that he was falsely implicated, the charges were vague, and the victim’s statement indicated she left voluntarily, with no complaint under Section 183 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail, citing the seriousness of the offences under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court, after considering the lack of prior criminal record and the circumstances of custody, decided to grant bail subject to a cash bond and sureties, and imposed conditions of regular appearance. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the kidnapping offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the allegations in the charge‑sheet are sufficiently specific to justify denial of bail
- Whether the victim’s voluntary statement and absence of a complaint under Section 183 affect the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 96
Subjects
- bail
- kidnapping
- minor
- charge-sheet specificity
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88383 of 2025
Arising Out of PS. Case No.-511 Year-2024 Thana- GHOSI District- Jehanabad
======================================================
Rohit Kumar Son of Vinay kumar Resident Of Village- Pirodha Math Ps-
Ghoshi (Okari Op) District -Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
For the Informant : Mr. Sujit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioner seeks bail in connection with Ghoshi
P.S. Case No. 511 of 2024, instituted for the offences punishable
under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner
kidnapped the minor daughter of the informant and kept her in
Delhi with him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.88383 of 2025(3) dt.23-02-2026
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present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that the
allegation levelled against the petitioner is not specific rather the
same is general and omnibus in nature. It is next submitted that
the victim has stated in her statement that she fell in love with
the petitioner and left her house on her own will. It is further
submitted that the victim has not stated anything against the
petitioner in her statement recorded under Section 183 of the
Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is in
custody since 19.06.2025 and has got no criminal antecedent.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ghoshi P.S. Case No.
511 of 2024, subject to the following conditions:
Patna High Court CR. MISC. No.88383 of 2025(3) dt.23-02-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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