Patna High Court
Vishwajeet Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to bond and conditions under Section 482(2) of the B.N.S.S.
Summary
Vishwajeet Kumar applied for bail anticipating arrest in a case registered under Sections 96, 140(1), 351(2) and 3(5) of the B.N.S. The informant alleged that the petitioner kidnapped her minor daughter, but the alleged victim later gave a statement under Section 183 BNSS stating she left home voluntarily and implicating her mother and a man named Md. Aarif, not the petitioner. The petitioner’s counsel argued that he has a clean antecedent and was falsely implicated, emphasizing that the victim’s statement does not support the prosecution’s case. The State’s counsel did not dispute the victim’s statement. The Court observed that the victim’s statement fails to establish a prima facie case against the petitioner and, under Section 482(2) of the B.N.S.S., ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether the allegations of kidnapping constitute a prima facie case warranting denial of bail
- Whether the victim’s statement under Section 183 BNSS, which does not implicate the petitioner, justifies granting bail
Legislation cited
Subjects
- bail
- kidnapping
- false implication
- victim statement
- Section 183
- Section 482
- criminal procedure
- anticipatory bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9777 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Vishwajeet Kumar @ Golu S/o- Virendra Mahto R/v- Vikrampur Ps- Bihpur
Dist- Naugachia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Gupta
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 96, 140(1), 351(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that her minor daughter was kidnapped by the
petitioner, Ashutosh and others and the informant fears that her
daughter might be harmed.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant as petitioner and the victim were known to each other.
It is next submitted that victim came back and her statement was
Patna High Court CR. MISC. No.9777 of 2026(3) dt.27-04-2026
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recorded under Section 183 BNSS. It is also submitted that the
victim in her statement recorded under Section 183 BNSS has
not supported the case of the prosecution rather has said that she
on her own volition left the house on 14.08.2025 and went to
stay in a girls lodge. The victim further stated that her mother is
in a relationship with one Md. Aarif and Aarif used to come to
their house and her mother made her sleep with Aarif, on
objection the room was locked from outside and Aarif
committed rape on 31.06.2023, thereafter she went and
disclosed the said occurrence to her maternal grandmother and
other family members but they did not believe. She has further
stated that though she had forgiven her mother but then Aarif
kept coming to the house and the mother used to insist for
establishing relation hence she fled from the house.
5. The learned counsel appearing on behalf of the
petitioner next submits that from perusal of the statement of the
victim recorded 183 BNSS, it would manifest that she has not
even remotely suggested the involvement of the petitioner in the
occurrence in any manner rather thrust of her statement is
against her mother and Aarif.
6. Learned A.P.P. Sri Chandra Bhushan Prasad after
perusing the statement of the victim recorded under Section 183
Patna High Court CR. MISC. No.9777 of 2026(3) dt.27-04-2026
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BNSS does not dispute the said submission of the learned
counsel appearing on behalf of the petitioner.
7. After hearing the learned counsel for the parties,
the petitioner, above-named, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks, is directed to be released on bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Ishakchak P. S. Case No.203 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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