Patna High Court
Rahul Kumar @ Rahul SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should not be granted to the petitioner in view of the nature and gravity of the kidnapping offence.
Summary
The petitioner, Rahul Kumar, was arrested on 16 September 2025 for allegedly kidnapping a five‑year‑old child, which was later recovered from him. He faced charges under Sections 96, 97, 137(2), 140(1), 140(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, arguing that he was in custody for several months. The court examined the seriousness of the kidnapping offence and the fact that the child had been rescued from the petitioner. Considering the gravity of the crime, the court declined to grant bail and dismissed the application. The order was limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to an accused charged with kidnapping under Sections 96, 97, 137(2), 140(1), 140(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(1), 140(2), 61(2), 96, 97
Subjects
- kidnapping
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- child abduction
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89927 of 2025
Arising Out of PS. Case No.-403 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Rahul Kumar @ Rahul Sharma S/o Kuber Sharma R/o vill - Vyaspur, ward
no. 14, P.s.- Lauriya, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash
For the Opposite Party/s : Mr. Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 30-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Lauriya P.S. Case No. 403 of 2025, registered for offences
punishable under Sections 96, 97, and 137(2) of the Bharatiya
Nyaya Sanhita, 2023, and subsequently Sections 140(1), 140(2),
and 61(2) of the BNS were also added.
3. As per the prosecution case, the petitioner is
accused of kidnapping a five year old child who has been
recovered from the petitioner. The petitioner is in jail since
16.09.2025.
4. Considering the nature and gravity of the offence,
as well as the specific allegation that the victim child was
recovered from the petitioner, this Court is not inclined to grant
Patna High Court CR. MISC. No.89927 of 2025(6) dt.30-03-2026
2/2
bail to the petitioner.
5. Accordingly, this application for regular bail stands
rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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