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2026 Supreme(Online)(Pat) 4564

PATNA HIGH COURT
Rajesh Kumar Verma, J
Vikash Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.77929 of 2025



Advocates:
For the Appellants/Petitioners:Mr. Krishna Prasad Singh, Sr. Advocate, Mr. Rakesh Singh, Advocate
For the Respondents: Mr. Anil Kumar Singh No. 1, APP

Bail granted upon determining contradictions in the prosecution's case and the petitioner's clean antecedent.

Headnote:The petition seeks bail for the petitioner involved in Parsathua P.S. Case No. 60 of 2025 under Sections 87 and 3(5) of the Bharatiya Nyay Sanhita, 2023, for kidnapping allegations. The court analyzed the contradictions in witness statements and the petitioner's clean antecedent and granted bail under specific conditions. The decision rests on the premise that due process and verification of criminal record will follow.

Table of Content
1. court's conditions for granting bail. (Para 1 , 6)
2. bail application based on alleged kidnapping. (Para 2 , 3)
3. discussion on contradictory statements and opposition to bail. (Para 4 , 5)

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner as well as Mr. Anil Kumar Singh No.

1, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

26.06.2025 in connection with Parsathua P.S. Case No. 60 of 2025, F.I.R. dated 23.06.2025 for the offences punishable under Sections 87 and 3(5) of the Bharatiya Nyay Sanhita , 2023.

3. According to prosecution case, the informant alleged that the petitioner kidnapped her daughter-in-law for the purpose of marriage.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. The victim is a married lady and it appears from the FIR that victim is traceless since 20.06.2025 and she appeared before police on 25.06.2025. As per allegation the petitioner took the victim to Hyderabad by train and when she got knowledge that her family members have lodged the present case, she returned back. Infact the petitioner was in relation with the victim before her marriage and statement of the victim was recorded before the doctor, in which she has stated that she was in relationship with the petitioner since long and from bare perusal of her statement recorded under Section 180 and 183 of BNSS, it appears that both the statements are contradictory to each other. He further submits that the police after investigation submitted the charge sheet and the petitioner is in custody since 26.06.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rohtas, Sasaram in connection with Parsathua P.S. Case No. 60 of 2025, subject to the following conditions:-

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)

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