Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail, subject to the conditions prescribed under section 482 of the BNSS and section 438(2) of the CrPC.
Summary
The petitioner, Suraj Kumar, feared arrest in a case (Raghopur P.S. Case No.77 of 2025) alleging kidnapping of an informant's daughter under sections 137(2) and 3(5) of the Bihar Negotiable Substances Act, 2023. The victim’s statement recorded under section 183 indicated that she had eloped with the petitioner, casting doubt on the kidnapping allegation. The petitioner applied for bail, arguing that the facts did not constitute a cognizable offence. The court examined the statements and the statutory provisions and concluded that the allegations did not justify denial of bail. Accordingly, the application was allowed and the petitioner was directed to surrender within six weeks and obtain bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482 of the BNSS and section 438(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations of kidnapping under sections 137(2) and 3(5) of the BNSS, 2023
- Whether the victim’s statement under section 183 of the BNSS, indicating elopement, negates the kidnapping charge
Legislation cited
- Bihar Negotiable Substances Act — s. 137(2), 183, 3(5), 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- kidnapping
- elopement
- anticipatory bail
- section 137
- section 3
- section 183
- section 482
- section 438
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89098 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- RAGHOPUR District- Supaul
======================================================
Suraj Kumar S/O Ramchandra Sah Resident of village - Hulas, Ward No. 10,
Police Station - Raghopur, District - Supaul
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Arun, Advocate
For the Opposite Party : Mr. Sanjay Kumar Pandey, 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 Raghopur P.S. Case No.77 of 2025 registered
for the offence under sections 137(2) and 3(5) of the B.N.S.,
2023.
3. The petitioner and others are said to have
kidnapped the daughter of the informant.
4. From the statement of the victim girl
recorded under section 183 of the B.N.S.S., it appears that she
had eloped with the petitioner.
5. Considering the aforesaid facts, this
application is allowed.
6. Accordingly, in the event of arrest or
Patna High Court CR. MISC. No.89098 of 2025(3) dt.26-02-2026
2/2
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 Additional
Cheif Judicial Magistrate, I, Birpur (Supaul) / concerned Court
below, in connection with Raghopur P.S. Case No.77 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)
pawan/-
U T
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