Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Sagar Kumar, was arrested on 30 November 2025 in connection with a kidnapping case (Sirdalla P.S. Case No.405 of 2025) under sections 137(2) and 96 of the Bihar Negotiable Statutes, 2023. The alleged victim, the informant’s daughter, gave a statement under section 183 of the Bihar Negotiable Statutes of Evidence, claiming she left home voluntarily and was in a love affair with the petitioner. The petitioner, who has a clean antecedent, applied for bail after being in custody for several months. The court examined the victim’s statement and the length of custody and found no compelling reason to deny bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The court expressly clarified that it made no determination on the merits of the kidnapping charge.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under sections 137(2) and 96 of the B.N.S., 2023, considering the victim’s voluntary statement and the period of custody.
Legislation cited
Subjects
- bail
- kidnapping
- victim statement
- section 137
- section 96
- section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9254 of 2026
Arising Out of PS. Case No.-405 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Sagar Kumar Son of Ashok Saw Resident of Village- Murtiya, P.S.- Sirdalla,
District- Nawada
... ... Petitioner
Versus
1. The State of Bihar
2. Anil Kumar Son of Chando Prasad Resident of Village- Murtiya, P.S.-
Sirdalla, District- Nawada
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sheo Nandan Prasad, Advocate
For the State : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 28-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Sirdalla P.S. Case No.405 of 2025 registered for the offence
under sections 137(2) and 96 of the B.N.S., 2023.
3. The petitioner is accused of kidnapping the
daughter of the informant. He is in custody since 30.11.2025
having clean antecedent.
4. From the statement of the victim girl
recorded under section 183 of the B.N.S.S., it appears that she
had left her house out of her own will and she further stated that
she was in love affair with the petitioner.
Patna High Court CR. MISC. No.9254 of 2026(3) dt.28-04-2026
2/2
5. Considering the statement of the victim girl
and also the period of custody of the petitioner, this bail
application is allowed.
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Nawada / concerned Court
below, in connection with Sirdalla P.S. Case No.405 of 2025.
7. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
8. The copy of the statement of the victim girl
recorded under section 183 of the B.N.S.S. is taken on record.
(Sandeep Kumar, J)
pawan/-
U T
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