Patna High Court

Govind Kumar @ Dilkhush KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner subject to surrender and bond conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Govind Kumar, applied for anticipatory bail fearing arrest in a case (PS Case No 46 2025) alleging a ransom demand of Rs 12 lacs under Section 140(2) of the B.N.S. The prosecution alleged that the son of an informant went missing after a fair, with his mobile switched off, and that a ransom was demanded. The petitioner contended he was falsely implicated, asserting that the victim later confessed that he himself, along with associates, had fabricated the ransom demand and that the petitioner had no criminal antecedent. The State opposed bail, but the court, after hearing both sides, decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 140(2) of the B.N.S.
Whether the allegations constitute a cognizable offence warranting denial of bail
Whether the petitioner is likely to tamper with evidence or abscond
Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied

Legislation cited

B.N.S. — s. 140(2)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 140(2)
Section 482(2)
false implication
ransom demand
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91032 of 2025
                   Arising Out of PS. Case No.-46 Year-2025 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
                 Govind Kumar @ Dilkhush Kumar Son of Shailendra Yadav @ Shailendra
                 Kumar R/o Indarwa, Inarwa, Ward no. 05, P.S. - Saur Bazar and Dist. -
                 Saharsa.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Verma, Advocate
                 For the Opposite Party/s :      Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Gamahariya P.S. Case No. 46 of 2025 instituted

                   for the offence under Section 140(2) of the B.N.S.

                                3. The case of the prosecution is that the son of the

                   informant who has gone with his friends to see the fair was

                   missing. When he was contacted on his mobile number, the

                   mobile of the victim is also switched off. It is alleged that Rs. 12

                   lacs was demanded as ransom.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.91032 of 2025(2) dt.09-02-2026
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          committed no offence. He has falsely been implicated in this

          case. During course of investigation, the victim was recovered

          and he has given his confessional statement and has stated that

          he himself has hatched a plan with his associates to demand Rs.

          12 lacs from his father so that a four wheeler may be purchased.

          He has further submitted that the role of this petitioner is only

          that he is part of that plan. The victim of this case has returned

          after two days and no cash was given to anybody. Actually, the

          son of the informant has himelf hatched the plan. A statement

          has been made in para-3 of this petition that the petitioner has

          got no criminal antecedent.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioner.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Gamahariya P.S. Case No. 46 of 2025, he

          will be enlarged on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees ten thousand) with two sureties of the like amount each

          to the satisfaction of learned Chief Judicial Magistrate,
            Patna High Court CR. MISC. No.91032 of 2025(2) dt.09-02-2026
                                                        3/3




                      Madehpura subject to the conditions as laid down under section

                      482(2) of B.N.S.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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