Patna High Court
Anuj Kumar @ Munna PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the seriousness of the charges and the recovery of a weapon from the petitioner preclude the grant of regular bail.
Summary
The petitioner, Anuj Kumar, applied for regular bail in a kidnapping case where a 15‑year‑old minor was abducted. The FIR, filed under sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023, initially named unknown accused, but the petitioner was later implicated. The prosecution presented a country‑made pistol and three live cartridges recovered from the petitioner’s possession at the time of arrest. The petitioner argued that the informant’s son, who was the victim, did not name him and that he was willing to cooperate with the investigation. After hearing both sides, the court found the material evidence serious enough to deny bail, rejecting the petitioner's application.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged kidnapping of a minor and possession of a firearm and live cartridges.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3)
Subjects
- regular bail
- kidnapping
- weapon possession
- Bharatiya Nyaya Sanhita
- criminal procedure
- minor victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91737 of 2025
Arising Out of PS. Case No.-37 Year-2025 Thana- TELHARA District- Nalanda
======================================================
Anuj Kumar @ Munna Prasad, S/O Bhogal Ram, Resident of Village- Neem
Chawk, P.S- Chandwa, District- Chatra (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pushpa Kumari, Advocate
Mr. Tej Narayan Singh, Advocate
Mr. Harsh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Telhara P.S. Case no.37
of 2025, registered under sections 137(2) and 140(3) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, 15 year old minor son
of the informant was kidnapped by the accused persons in their
Bolero vehicle.
4. Learned counsel for the petitioner submits that the
F.I.R. was registered against unknown accused persons. The
petitioner has been falsely implicated in the case in course of
investigation. The son of the informant has returned and he has
not named the petitioner herein. The petitioner is in custody
Patna High Court CR. MISC. No.91737 of 2025(4) dt.01-04-2026
2/2
since 17.5.2025 and undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired in course of investigation, the
petitioner having been arrested from the house where the victim
was recovered together with a country made pistol and three live
cartridges having been recovered from the petitioner’s
possession, the Court is not inclined to enlarge the petitioner on
bail and the application is rejected.
(Partha Sarthy, J)
avinash/-
U T
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