Patna High Court
Abhinandan Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Siddharth Paswan, was charged under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged kidnapping of a girl. He had been in custody since 11 August 2025 and sought regular bail. The State opposed the bail, maintaining the kidnapping allegation. The court, after reviewing the case diary, observed that the petitioner and the victim were recovered together from Nadiad and appeared to be in a consensual relationship, staying together. On this basis, the court allowed the petition for regular bail, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail in a kidnapping case under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 87
Subjects
- bail
- kidnapping
- criminal procedure
- Bharatiya Nyaya Sanhita
- regular bail
- relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90140 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
Siddharth Paswan Son of Suresh Paswan @ Suresh Kumar Paswan Resident
of village - Shrirampur, Ayodhya, Police Station - Pusa, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Asgar Ali Son of Late Abdul Karim Resident of village - Milki, Police
Station - Bangra, District - Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh
For the Opposite Party/s : Mr. Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
N.H. Bangra P.S. Case No. 7 of 2025 registered for the offence
under Section(s) 137(2), 87, 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have kidnapped the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 11.08.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.90140 of 2025(2) dt.12-02-2026
2/2
opposed the prayer for bail.
6. Considered the submissions of the parties. From the
perusal of the case diary, it appears that the petitioner and the
victim were recovered by the Police from Nadiad. From the
materials available on record it appears that the petitioner and
the victim were in relationship and are staying together.
7. In view of the above, this application for regular
bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned concerned Court below, Samastipur in
connection with N.H. Bangra P.S. Case No. 7 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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