Nitish Kamti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35793 of 2026 Arising Out of PS. Case No.-335 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== Nitish Kamti S/O Narayan Kamti Resident of Village - Bhavanipur, Police Station- Biraul, District- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
XXX S/O YYYY Resident of Village - Bhavanipur,Ward No- 12 Police Station- Biraul, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Biraul P.S. Case No. 335 of 2025 registered for the offence under Sections 137(2)/96 and 3(5) of the BNS but charge-sheet has been submitted under Sections 137(2), 115(2), 96, 3(5) of the BNS and under Section 4/ 6 of the POCSO Act.
3. As per the prosecution case, the petitioner is accused of kidnapping the minor victim.
4. The petitioner is in custody since 02.07.2025.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.35793 of 2026(3) dt.28-07-2026 2/2 case. He further submits that the victim girl in her statement made under Section 183 of the BNSS has not supported the prosecution case and she has said that she was in relationship with the petitioner.
6. Considering the aforesaid facts, this application is allowed.
7. 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 concerned Court below in connection with Biraul P.S. Case No. 335 of 2025.
(Sandeep Kumar, J) Vikas/- U