Patna High Court
SUNIL KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender and bail bond conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Sunil Kumar, applied for anticipatory bail fearing arrest in a case (Rajeshwari P.S. Case No. 24 of 2025) involving alleged kidnapping of a minor daughter of an informant. The prosecution alleged that the petitioner, along with a co‑accused, forcefully abducted the child on a bike. The petitioner contended he was falsely implicated, had no criminal antecedent, and the victim did not support the prosecution’s case in her statement under Section 183 of the B.N.S. The State opposed bail. After hearing both sides, the Court, considering the lack of victim support and the petitioner’s clean record, ordered that he be released on bail upon surrendering within four weeks and furnishing a bail bond with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged kidnapping case
- Whether the petitioner is likely to flee or tamper with evidence
- Whether the prosecution has established a prima facie case sufficient to deny bail
Legislation cited
- B.N.S. — s. 137(2), 183, 3(5), 351(2), 352, 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- minor
- criminal procedure
- Section 482
- Section 183
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91418 of 2025
Arising Out of PS. Case No.-24 Year-2025 Thana- Rajeshwari District- Supaul
======================================================
Sunil Kumar S/O Shyam Sharma @ Shyam Chaupal R/O Vill.- Kathi @
Katahi, Ward No 9, P.S.- Rajeshwari, District- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. Xxx S/O Yyy R/O Vill.- Katahi, Ward No 12, P.S.- Rajeshwari, District-
Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, 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 Rajeshwari P.S. Case No. 24 of 2025 instituted
for the offence under Sections 137(2), 96, 351(2), 352 and 3(5)
of B.N.S.
3. The case of the prosecution is that when the
informant along with his family members was going to sleep
after having meal, at that time, the petitioner along with one co-
accused Satish forcefully boarded the minor daughter of the
informant on a bike and fled away. When the family members
Patna High Court CR. MISC. No.91418 of 2025(2) dt.09-02-2026
2/3
followed them, they started abusing and assaulting.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. Learned counsel has submitted that during course of
investigation, the victim was recovered and from perusal of the
order of the trial Court, it will transpire that the victim herself
has not supported the case of the prosecution in her statement
recorded under Section 183 of B.N.S.S. Only allegation against
this petitioner is that he has supported the main accused Satish
Kumar who allegedly kidnapped the minor daughter of the
informant, married her and established physical relation with
her. Petitioner has not committed any offence with the victim as
the victim has not supported the case of the prosecution in her
statement recorded under Section 183 of B.N.S.S. Petitioner is
having no criminal antecedent as per para-3 of the bail petition.
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
Patna High Court CR. MISC. No.91418 of 2025(2) dt.09-02-2026
3/3
four weeks from today and in the event of his arrest or surrender
in connection with Rajeshwari P.S. Case No. 24 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 A.D.J.-VI, Supaul subject to the
conditions as laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…