Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12499 of 2026 Arising Out of PS. Case No.-413 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== 1.

Vicky Kumar Son of Balchand Manjhi R/o Village - Suryapura, P.S. - Bodhgaya, District - Gaya 2.

Aashik Kumar Son of Littu Manjhi R/o Village - Suryapura, P.S. - Bodhgaya, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Sukriti Kumari, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Bodhgaya P.S. Case No. 413 of 2025, dated 08.06.2025, lodged under Section 96 of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), pending before the Court of C.J.M., Gaya.

3. As per the prosecution, an FIR has been lodged against the petitioners and others alleging that they helped the accused person with whom the minor daughter of the informant fled away.

Patna High Court CR. MISC. No.12499 of 2026(2) dt.12-03-2026 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that, till date, recovery has not been made and the investigation is pending. Counsel further submits that the criminal antecedents of the petitioners are clean and they are ready to fulfill all the conditions whatsoever shall be imposed by this Court.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the alleged minor victim could not be recovered till date.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of six weeks from today or upon recovery/return of the alleged victim girl, whichever is earlier. In the event the alleged victim girl is recovered/returns, her statement under Section 164 of the CrPC shall be recorded and, if the petitioner surrenders within the aforesaid period, the Trial Court shall consider and pass order on the surrender-cum-bail application of the petitioner on the same day, without being

Patna High Court CR. MISC. No.12499 of 2026(2) dt.12-03-2026 3/3 prejudiced by the fact that the anticipatory bail application of the petitioner has been rejected by this Court, and the same shall be decided on its own merits in accordance with law. (Dr. Anshuman, J.) Aman Kumar/- U T