Mogal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27155 of 2026 Arising Out of PS. Case No.-292 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Mogal Kumar S/o- Chandrama Sah Resident of Indarwa P.S- Gopalganj Town Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad, Adv.
For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending their arrest in connection with Uchakagaon P.S case No. 292 of 2025 instituted for offence under Section 366(A) of the Indian Penal code.
3. As per the prosecution case, of the informant on 28.08.2022 at about 3.00 AM daughter of the informant went for call of nature. When she did not return, informant's side started searching and during the course of search they got information that one of the villagers namely Soyeb Ali, who used to talked with his daughter and took her away for the purpose of marriage, when the family members went to enquire about their
Patna High Court CR. MISC. No.27155 of 2026(5) dt.15-07-2026 2/3 daughter at the house of Soyeb Ali, then the family members of the accused started hurling abuses. Thereafter, they returned to their House
4. Learned counsel for the petitioner submits that petitioner is innocent and committed no offence and the petitioner is not named in the F.I.R. and that the name of the petitioner transpired during course of statement of the victim U/S 164 of Cr.P.C. The victim was able to identify only three out of the five accused persons. The petitioner is a resident of a different village falling under a different police station within the District of Gopalganj and has been falsely implicated in the present case at the instance of his enemies. It is further submitted that the victim stated that when she arrived at the police station at about 11:00-11:30 A.M., her parents had already reached there, which indicates that they had prior knowledge of the victim's whereabouts. This circumstance supports the petitioner's contention that he has been falsely implicated in the present case.
5. Learned APP appearing for the state has vehemently opposed the prayer of anticipatory bail and submits
Patna High Court CR. MISC. No.27155 of 2026(5) dt.15-07-2026 3/3 that during the course of investigation, the statement of victim Anjali Kumari has been recorded under Section 164 of Cr.P.C. which supported the occurrence and also stated about the involvement of the accused person who along with other coaccused persons caught and kidnapped her and demanded a ransom of Rs. 5 lakhs from her father otherwise they would kill her. They kept her in a room and she was tortured and in view of the accused persons, petitioner was one of them, anyhow she managed to escape from there on 06.09.2022.
6. Having heard the learned counsel for the parties and considering the aforesaid facts and specifically the statement of victim recorded under Section 164 Cr.P.C. This Court is not inclined to enlarge the petitioners on bail and, as such, their prayer for anticipatory bail stands rejected. Ayush- (S. B. Pd. Singh, J) U T