Abhijeet Kumar v. The State of Bihar

Patna HC10 Jul 2026CR. MISC./38072/2026

Case brief

AI extract

What is this about?

Regular bail allowed under Section 96 BNS kidnapping case (Bettiah Town P.S. Case No. 328/2025, Bettiah City, West Champaran); victim allegedly drugged unconscious and taken from India to Nepal; Court found version prima facie improbable; petitioner in custody since 12.01.2026 with clean antecedents; bail on Rs. 10,000 bond with two like sureties; observations limited to bail adjudication; Patna High Court CR. MISC. No. 38072 of 2026, Sandeep Kumar, J., 10-07-2026.

What did the court decide?

Release on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bettiah Town P.S. Case No. 328/2025. ¶¶26

Abhijeet Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to regular bail in connection with Bettiah Town P.S. Case No. 328/2025 registered for offences punishable under Section 96 of B.N.S. +1 more

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Court's answer

Application for regular bail allowed; petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court.

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Ratio / Principle

Prima facie, the prosecution version appears improbable: if the victim had already become unconscious, there would have been no apparent necessity to take her to Nepal in such condition.

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Key takeaways

Observations made are prima facie in nature, limited solely to adjudication of the present bail application; they shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings.obiter¶¶29

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), Criminal Miscellaneous No. 38072 of 2026, order dated 10-07-2026: regular bail granted to the petitioner accused in Bettiah Town P.S. Case No. 328/2025, registered for offences punishable under Section 96 of the B.N.S., wherein he is alleged to have kidnapped the victim. Relying on the victim girl's statement that she was allegedly given something to drink, became unconscious, and was taken from India to Nepal, the Court observed prima facie that this version appeared improbable, since an already unconscious victim would not need to be taken to Nepal in such condition. Bail was allowed on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below; the Court clarified that its observations were prima facie, confined to the bail application, and neither an expression on the merits nor to influence the trial or other proceedings.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38072 of 2026

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Arising Out of PS. Case No.-328 Year-2025 Thana- BETTIAH CITY District- West

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Champaran

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======================================================

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Abhijeet Kumar S/o Vishwanath Sah R/o vill - Pathanpatti, ward no. 3, PSHarsidhi, District- East champaran

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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X W/o America Sah R/o vill - Pathanpatti, ward no. 3, P.S.- Harsidhi, Distt.East Champaran

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... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Md. Fahimuddin ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 10-07-2026 Heard learned counsel for the petitioner, learned

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counsel for the informant and learned Additional Public Prosecutor for the State.

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2 . The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 328/2025 registered for the offences punishable under Section 96 of B.N.S.

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3 . As per the prosecution case, the petitioner is alleged to have kidnapped the victim.

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4 . Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submits that petitioner has clean antecedent and he is in custody since 12.01.2026. The

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Patna High Court CR. MISC. No.38072 of 2026(2) dt.10-07-2026 2/3

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petitioner undertakes to co-operate in the case/ trial.

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5 . Learned APP for the State has opposed the prayer

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for regular bail of the petitioner.

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6 . I have considered the submissions of the parties and have gone through the records of the case. From the statement of the victim girl, it appears that she was allegedly given something to drink, after consuming which she became unconscious, and thereafter she was taken from India to Nepal.

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7. Prima facie , the aforesaid version appears to be improbable, as if the victim had already become unconscious, there would have been no apparent necessity to take her to Nepal in such condition.

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8 . Considering the facts and circumstances of the case, this application for regular bail is allowed. 9. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bettiah Town P.S. Case No. 328/2025.

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9 . It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations

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Patna High Court CR. MISC. No.38072 of 2026(2) dt.10-07-2026 3/3

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shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any

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manner.

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(Sandeep Kumar, J)

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Shishir/-

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U T

Abhijeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Abhijeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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