Abhinash Kumar @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71139 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== Abhinash Kumar @ Munna Kumar S/o Fulo Mandal R/o Village- Telia Bathan, Ward No. 08, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pawan Kumar , Advocate For the State :

Mr. Ashok Kumar Singh, APP For the Informant :

Mr. Prem Chand Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 120B, 366, 376 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, it is alleged that this petitioner, with the help of one unknown associate, kidnapped the wife of informant using criminal force.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in

Patna High Court CR. MISC. No.71139 of 2024(5) dt.27-01-2026 2/2 this case with ulterior motive. The present complaint petition has been lodged after inordinate delay of five days and there is no plausible explanation for the same, which itself makes the entire prosecution case doubtful. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with one of his associate, kidnapped the wife of informant. The victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation, gravity of offence and statement of the victim recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected.

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