Patna High CourtCR. MISC./72657/2025bail granted

Arbind Kumar v. The State Of Bihar

2026-01-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72657 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- BELAW District- Kaimur (Bhabua) ====================================================== Arbind Kumar S/o Akalu Singh R/o Village - Hudari, P.S - Belaon, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar 2.

Virendra Kumar Singh S/o Late Bans Gopal Singh R/o Village - Hudari, P.S - Belaon, District - Kaimur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-01-2026 Heard learned counsel for the petitioner and learned APP for the State. None appears on behalf of the informant despite notice being validly served.

2. The petitioner seeks bail in connection with Belaon P.S. Case No. 57 of 2025 instituted for the offences under Sections 137(2), 96, 126(2), 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/8 of the POCSO Act.

3. Accusation against the accused persons including the petitioner is of kidnapping the informant's minor daughter on the pretext of marriage.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.72657 of 2025(4) dt.13-01-2026 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her Statement recorded under Section 183 of the BNSS has specifically stated that it was the co-accused Akhileshwar Kumar who took the victim with him and this petitioner had no role in the alleged offence. He further submitted that the name of the petitioner is being dragged in this case merely because he is the brother of co-accused Akhileshwar Kumar. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.07.2025 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, Section 183 BNSS statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Belaon P.S. Case No. 57 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.72657 of 2025(4) dt.13-01-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T