Saimsan Kumar Gupta @ Saimsan Kumar @ Saisan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60885 of 2025 Arising Out of PS. Case No.-197 Year-2025 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Saimsan Kumar Gupta @ Saimsan Kumar @ Saisan Kumar Son of Sunil Kumar Gupta @ Sunil Kumar Saw @ Sunil Kumar Sah R/o Village - Hajipur, Ward No. 20, Police Station - Khagaria, District Khagaria. 2.

Sonu Kumar Gupta @ Sonu Kumar Son of Sunil Kumar Gupta @ Sunil Kumar Saw R/o Village - Hajipur, Ward no. 20, P.S. - Khagaria, Dist. - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Ranjan Kumar Singh, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 96, 137(2), 351(2) and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that these two petitioners, with the help of other co-accused persons, kidnapped the minor daughter of informant while she had gone to attend nature's call.

Patna High Court CR. MISC. No.60885 of 2025(3) dt.01-12-2025 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case due to village politics. During course of investigation, the victim was recovered and in her statement recorded under Section 183 of the B.N.S.S., she has not supported the prosecution case, denied the factum of kidnapping and has categorically stated that no one has kidnapped her.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and statement of the victim recorded under Section 183 of the B.N.S.S., the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No.

Patna High Court CR. MISC. No.60885 of 2025(3) dt.01-12-2025 3/3 197 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T