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Patna High Court

Rakesh Kumar @ BabluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023.

Summary

The petitioner, Rakesh Kumar, was implicated in a kidnapping case (Khagaria P.S. Case No. 342 of 2025) for allegedly abducting a minor girl for marriage, primarily because he is the uncle of the co-accused Mohit Kumar. He contended that he has a clean antecedent and that the allegations against him are fabricated, with no specific charge of kidnapping in the FIR. The prosecution opposed his bail, arguing the seriousness of the offences under Sections 96, 137(2) and 3(5) of the B.N.S., 2023. The court examined the facts and noted that the petitioner’s involvement appears to be solely due to his familial relationship with the co-accused. Considering his clean record, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023, including cooperation with the trial and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner who is implicated solely on the basis of his relationship with the co‑accused
  • Whether the petitioner’s clean antecedent warrants bail despite the serious nature of the alleged offences

Legislation cited

Subjects

  • bail
  • kidnapping
  • false implication
  • criminal antecedent
  • Section 438
  • Section 482
  • B.N.S. 2023
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89571 of 2025
                     Arising Out of PS. Case No.-342 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Rakesh Kumar @ Bablu S/O Shivshankar R/O Vill.- Anda Toli, P.S. and
                 Dist.- Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                    Heard Mr. Pramod Mishra, learned counsel for the

                   petitioner and Mr. Rana Randhir Singh, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Khagaria P.S. Case No. 342 of 2025, F.I.R.

                   dated 10.11.2025 for the offences punishable under Sections 96,

                   137 (2) and 3(5) of the B.N.S., 2023.

                                3. According to prosecution case, petitioner and other

                   co-accused person are alleged to have abducted the informant’s

                   minor daughter for the purpose of marriage.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.89571 of 2025(2) dt.12-01-2026
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          petitioner has not committed any offence as alleged in the F.I.R.

          From perusal of the F.I.R., it appears that the specific allegation

          is attributed against co-accused Mohit Kumar @ Atm and the

          petitioner happens to be the uncle of the co-accused Mohit

          Kumar so he has been made accused in the present case. It

          appears from the F.I.R. that there is no specific allegation of

          against the petitioner of kidnapping the daughter of the

          informant.

                       5.   Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and he has been made accused

          only on the ground that he happens to be uncle of the co-

          accused, namely, Mohit Kumar @ Atm, let the petitioner, above

          named, in the event of his arrest or surrender before the court

          below within a period of thirty days from the date of receipt of

          the order, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned C.J.M., Khagaria in

          connection with Khagaria P.S. Case No. 342 of 2025, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure/Section 482(2) of BNSS, 2023 and with
            Patna High Court CR. MISC. No.89571 of 2025(2) dt.12-01-2026
                                                        3/3




                      other following conditions:

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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