Patna High Court
Rakesh Kumar @ BabluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 137(2), 3(5), 482(2), 96
- Code of Criminal Procedure — s. 438(2)
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
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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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