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2026 Supreme(Online)(Pat) 3192

PATNA HIGH COURT
Khatim Reza, J
Vikash Kumar @ Vikash Kumar Chouhan – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.70435 of 2025 | PS. Case No.-119 Year-2025



Advocates:
For the Appellants/Petitioners: Mr. Naresh Prasad
For the Respondents: Mr. Kalyan Shankar, APP

The court allows bail based on lack of criminal antecedents and extended custody duration.

Headnote:The petitioner seeks bail in connection with Kateya P.S. Case No. 119 of 2025 for offences under Sections 137(2), 140(3), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant alleges that the petitioner's son was abducted, based on suspicion against the petitioner. The petitioner argues innocence, citing non-involvement in the FIR and past bail. The court grants bail, emphasizing no criminal antecedents and custody duration.

Table of Content
1. arguments regarding the petitioner's innocence and previous bail. (Para 4 , 5)
2. court's decision to grant bail based on presented facts. (Para 6)

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kateya P.S. Case No. 119 of 2025 dated 08.03.2025, instituted for the offence punishable under Sections 137 (2), 140(3), 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

07.03.2025, at about 12:00 am, informant’s son went to Dulia market by his motorcycle but did not return for a long time. Upon search, the motorcycle of informant’s son was found near the pond but the son of informant was missing. The informant has suspicion that Aklu Nonia has abducted him as informant’s son was in love affair with his daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in the FIR. Only on the basis of confessional statement of co- accused, Ramesh Kumar, the petitioner has been made accused in this case. Learned counsel further submitted that two FIR have been lodged; one under Section 103(1) and 3(5) of B.N.S. against the petitioner and family members of Puja Kumari with regard to murder of Dharmendra Kumar and Puja Kumari in which the petitioner has been granted bail vide order dated 04.12.2025 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 84777 of 2025 and another FIR has been lodged against the petitioner for the alleged occurrence i.e. Kateya P.S. Case No. 119 of 2025. It is further submitted that petitioner has no concern either with the family of Dharmendra Kumar or Puja Kumari. Lastly, it has been submitted that the petitioner is in custody since 03.06.2025, having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner 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 the learned Chief Judicial Magistrate, Gopalganj, District- Gopalganj in Kateya P.S. Case No. 119 of

2025.

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