Patna High Court
Ashu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANJAY KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail.
Summary
The petitioner, Ashu Kumar, was charged under Sections 137(2) and 96 of the BNS, 2023 in connection with a missing‑person complaint filed by the victim’s father. The father alleged that his daughter was enticed away by the petitioner, but the victim later testified that she had voluntarily gone to a friend’s house and subsequently visited the petitioner, and she made no allegation of any misdeed. The father later filed an application before the trial court stating that the dispute had been resolved and he no longer wished to prosecute. The prosecution opposed bail, while the petitioner argued innocence, lack of any allegation against him, and that he would not tamper with evidence. The court, noting the victim’s statement, the compromise, the completed investigation, and the absence of any risk of flight or witness tampering, granted bail with a bond of Rs. 25,000 and specific conditions, emphasizing that the order does not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 96 of the BNS, 2023 considering the nature of the offence and the evidence.
- Whether there exists a risk of the accused fleeing, tampering with witnesses, or otherwise obstructing justice.
- Whether the compromise between the parties and the victim’s statement affect the bail decision.
Legislation cited
Subjects
- bail
- criminal procedure
- Section 137
- Section 96
- Section 180
- BNS
- compromise
- witness tampering
- flight risk
- trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91346 of 2025
Arising Out of PS. Case No.-1188 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Ashu Kumar S/o Ramdatt Kumar @ Ramdatt Pal Resident Of Ward No 14,
Kajaha, PS- Laukaha, District- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. x x x S/o Ramdeo Ram R/o Laukaha, Supaul, P.S.- Supaul, Distt.- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
ORAL ORDER
2 15-01-2026 1. By means of this bail application, petitioner, who is
involved in connection with Saharsa Sadar P.S. Case No. 1188
of 2025 registered for the offences under Sections 137(2) and 96
of the BNS, 2023 seeks enlargement on bail during the
pendency of trial.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor representing the State.
3. As per the prosecution case, in brief, informant who is
father of victim gave an application dated 20.10.2025 to S.H.O.,
Sadar Police Station, Saharsa for registration of F.I.R. against
the petitioner stating inter alia that on 19.10.2025 at about 10:25
A.M. his daughter had left the house for coaching but she did
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not return. Later on, it was revealed that she was having
telephonic conversation with the petitioner Ashu Kumar hence,
he believes that his daughter was enticed away by the petitioner.
4. It is argued by learned counsel for the petitioner that
petitioner is innocent and he has been falsely implicated in this
case due to ulterior motive. It is further argued that victim
herself returned to her home and thereafter, she was brought by
her father to police station where her statement under Section
180 of the BNSS was recorded in which she did not make
allegation of committing any misdeed with her against the
petitioner whereas she had disclosed that she had friendship
with the petitioner and there were telephonic conversation
between them. She has also stated that on 19.10.2025, she had
gone to the house of her friend where she stayed in night and in
the morning she herself called the petitioner and went with him
to a guest house. It is also pointed out that on 20.11.2025, the
informant moved an application before the trial Court stating
inter alia now on the intervention social workers, respectable
persons and relatives, the dispute between the parties has come
to an end, hence he does not want to prosecute the petitioner.
The petitioner, has criminal history of one case in which he is on
bail. Averments in this regard have been mentioned in paragraph
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no.3 of the bail application. Several other submissions in order
to demonstrate the falsity of the allegations made against the
petitioner have also been placed forth before the Court. Lastly, it
is submitted that petitioner is languishing in jail since
24.10.2025 and in case he is released on bail, he will not misuse
the liberty of bail and cooperate with the trial.
5. Per contra, learned Additional Public Prosecutor for the
State opposed the prayer for bail of the applicant reiterating the
prosecution case as mentioned in F.I.R. but he does not dispute
the averment made in bail application and the submission made
at the bar on behalf of the petitioner.
6. Having heard the submissions of learned counsel for
the parties and perused the record, I find that victim did not
make allegation of any misdeed against the petitioner. It is also
not in dispute that informant moved an application before the
trial Court mentioning therein that on account of compromise
between the parties, he does not want to prosecute the petitioner.
The investigation has been completed and charge-sheet has been
submitted against the petitioner. Now there is no possibility of
tampering with the witnesses. Due to heavy docket of the cases,
the possibility of conclusion of trial of the petitioner in near
future is very bleak. There is no chance of the petitioner, of
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fleeing away from the judicial process or tampering with the
prosecution evidence. As on date there is no material on record
to presume that there is danger, of course, of justice being
thwarted by grant of bail to the petitioner.
7. In view of the above, without entering into merit of the
case, keeping in view the nature of the offence, evidence,
severity of punishment, complicity of the petitioner,
submissions of the learned counsel for the parties made at the
bar and reasons as noted above, this Court is of the opinion that
the petitioner is liable to be released on bail.
8. Accordingly, the bail application of the petitioner
stands allowed.
9. Let the petitioner namely, Ashu Kumar be released on
bail in the aforesaid case on furnishing bail bond of Rs. 25,000/-
(Rupees Twenty Five Thousand only) with two sureties each in
the like amount to the satisfaction of the Court concerned with
the following conditions:-
(i) That the petitioner shall cooperate with the expeditious
disposal of the trial and shall regularly attend the Court unless
inevitable. Two consecutive default in putting appearance shall
lead to an action towards cancellation of the bail bond of the
petitioner.
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(ii) That the petitioner shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer or
tamper with the evidence.
(iii) That the petitioner shall not directly or indirectly
involve in any criminal activity after being released on bail.
(iv) In case, at any stage it is found that the petitioner has
disclosed his incomplete criminal history before this Court,
learned Court below shall cancel the bail bonds of the petitioner
after hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the Court below
that statement regarding previous bail petition is wrong, learned
Court below shall cancel the bail bonds of the petitioner.
10. It is clarified that anything said in this order is limited
to the purpose of determination of this bail application and will
in no way be construed as an expression on the merits of the
case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected
by anything said in this order.
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11. The trial Court shall make an endeavour to conclude
the trial of the petitioner expeditiously without granting
unnecessary adjournment to either of the parties.
(Sanjay Kumar Singh , J)
Saif/-
U T
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