Patna High Court
Pappu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that bail should be granted as the allegations were based on suspicion, the victim’s statement was voluntary, and the petitioner had no criminal antecedent.
Summary
Pappu Rai was arrested in connection with a kidnapping case (Raghopur PS Case No. 227 of 2025) alleged under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that Rai, along with co‑accused, abducted the informant's minor daughter, but the victim’s statement recorded under Section 183 indicated she went voluntarily with the co‑accused. The petitioner’s counsel argued that the charge was based merely on suspicion, the petitioner has no prior criminal record, and the investigation had been completed. The State opposed bail, citing the seriousness of the kidnapping allegation. The Court, considering the victim’s voluntary statement, the petitioner’s clean antecedent, and the completed investigation, granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita in a kidnapping case where the victim’s statement indicates voluntary participation.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 3(5), 96
Subjects
- bail
- kidnapping
- criminal procedure
- suspect
- victim statement
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90155 of 2025
Arising Out of PS. Case No.-227 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Pappu Rai S/o Late Ram Babu Rai R/v- Mohanpur, P.S.- Raghopur, Distt.-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Sinha, Adv.
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Raghopur P.S. Case No. 227 of 2025 registered for the offences
punishable under Sections 96 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. The main submissions advanced by the petitioner’s
counsel are that, as per the prosecution story, the informant’s
minor daughter was kidnapped by the petitioner along with
other co-accused persons; however, the victim has not levelled
any serious allegation against the petitioner before the Judicial
Magistrate while recording her statement under Section 183 of
the BNSS and has stated that she went voluntarily with the co-
accused, Ritesh Kumar, who has already been granted bail by
the trial court itself. It is further submitted that the petitioner has
Patna High Court CR. MISC. No.90155 of 2025(2) dt.13-01-2026
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been made an accused in this case merely on the basis of
suspicion. It is lastly submitted that the petitioner has no
criminal antecedent, has been languishing in jail since
11.10.2025, and against him, the investigation has been
completed.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. Considering the above submissions, the averments
made in this application, petitioner’s fair and clean antecedent
and the completion of investigation against him and also taking
into account the nature of allegation appearing against the
petitioner from the victim’s statement recorded under Section
183 of BNSS, in my opinion, it is a fit case for bail to the
petitioner. Accordingly, let the petitioner named-above be
released on bail on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the concerned Court in connection with
Raghopur P.S. Case No. 227 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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