Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
The petitioner, Nitish Kumar, applied for anticipatory bail in connection with a kidnapping case (PS Case No. 447 of 2024) under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, along with another accused, abducted the informant's minor daughter, who later went missing. The petitioner contended that the allegation was false, that the alleged victim was actually 19 years old per a medical report, and that no prior kidnapping case had been filed against him; he also highlighted his clean antecedent. The State opposed the bail, arguing the seriousness of the kidnapping charge. The High Court, after considering the submissions, granted anticipatory bail subject to a cash bond of Rs. 10,000, two sureties, and specific conditions including personal surety, attendance in court, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita in view of the kidnapping allegations.
- Whether the alleged victim is a minor and whether the allegations constitute a false implication.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 3(5), 482, 96
Subjects
- anticipatory bail
- kidnapping
- false implication
- minor victim
- criminal antecedent
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90224 of 2025
Arising Out of PS. Case No.-447 Year-2024 Thana- KONCH District- Gaya
======================================================
Nitish Kumar Son of Vijay Ram Resident of village -Konch P S- Konch
District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Konch P.S. Case No. 447 of 2024 instituted
for the offences punishable under Sections 96, 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant has
alleged that her minor daughter had gone out to bring grass and
thereafter she could not be traced. It is further alleged that
earlier also the accused persons including the petitioner had
kidnapped the daughter of the informant and therefore the
informant suspects that it was the petitioner and one Akshay
Kumar who had kidnapped her daughter.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.90224 of 2025(3) dt.20-02-2026
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petitioner has falsely been implicated and the allegation of
kidnapping even earlier is false as no case for the same was
lodged. It is further submitted that the allegation of the daughter
of the informant being minor is also falsified from the medical
examination report where the doctor has found the age of the
victim to be 19 years. It has been submitted that moreover from
the statement of the victim under Section 183 of the BNSS it
would transpire that she had not even alleged a single word
against this petitioner and she has only stated about the co-
accused Akshay Kumar. Lastly, it has been submitted that the
petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
VIII, Gaya in connection with Konch P.S. Case No. 447 of
2024, subject to the conditions as laid down under Section 482
Patna High Court CR. MISC. No.90224 of 2025(3) dt.20-02-2026
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of the BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) 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 bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7.It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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