Created by Fuzzy Cloud

Patna High Court

Sagar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.