Raj Kumar Gupta @ Bhola Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84991 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- Mufassil District- Khagaria ====================================================== 1.

Raj Kumar Gupta @ Bhola Sah S/O Shyam Sundar Sah R/O VillageDurgapur, Ward No. 04, P.S- Muffasil, Distt.- Khagaria. 2.

Rajiv Kumar S/O Chakradhar Prasad Sah R/O Village- Durgapur, Ward No. 04, P.S- Muffasil, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Muffasil P.S. Case No. 131 of 2025 registered for the offence punishable under Sections 137(2), 140(3), 3(5) of the B.N.S., 2023.

3. The case of the prosecution in short is that the petitioners have kidnapped the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Learned counsel for the petitioner submits that during the course of investigation, the victim was recovered and she has

Patna High Court CR. MISC. No.84991 of 2025(3) dt.31-01-2026 2/3 given her statement recorded under Section 183 of the BNSS, wherein she has stated that she was on talking terms with one Niraj Kumar and Niraj Kumar forcefully boarded her on Auto and took her to Khagaria railway station. Niraj Kumar along with his maternal uncle, aunt and brother, were also there. They told her to marry Niraj Kumar. She has further stated that she did not raise any alarm intially; however, after arriving at Begusarai, she raised an alarm. Thereafter, she was brought to Khagaria and from there she was taken to Patna, where she was apprehended. Learned counsel for the petitioner further submits that from perusal of the statement of the victim recorded under Section 183 of the BNSS, it is clear that the main thrust of allegation is against Niraj Kumar. Moreover, a statement has been made in para 3 of the petition that petitioners have no criminal antecedent and they are languishing in judicial custody since 09.10.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.84991 of 2025(3) dt.31-01-2026 3/3 Chief Judicial Magistrate, Khagaria in connection with Muffasil P.S. Case No. 131 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T