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

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

What the court decided

AI extract

Outcome

Regular bail: petitioner directed to furnish bail bond and, on doing so, 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 CJM, Khagaria/concerned court in connection with Alauli P.S. Case No. 241 of 2025, subject to the condition that he shall cooperate in the disposal of the trial and make himself available as and when required by the court.

Issue for consideration

Whether the petitioner should be granted regular bail in connection with Alauli P.S. Case No. 241 of 2025, registered for offences punishable under Sections 96/3(5) of the BNS (alleged forcible kidnapping of the informant's minor daughter by five named accused persons), where the victim did not support the prosecution case in her statement under Section 183 of the BNSS and the petitioner has been in custody since 03.07.2025.

Court's answer

Considering that the victim did not support the prosecution case in her statement recorded under Section 183 of the BNSS and that the petitioner has been in custody since 03.07.2025, the petitioner was directed to furnish bail bond and, on doing so, to be released on bail by the court below on furnishing bail bonds of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria/concerned court in connection with Alauli P.S. Case No. 241 of 2025.

Ratio / Principle

Release on bail is subject to the condition that the petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Bail granted (Patna High Court, Cr. Misc. No.65649 of 2025, Nawneet Kumar Pandey, J., 29-01-2026): Petitioner sought regular bail in Alauli P.S. Case No. 241 of 2025 (District Khagaria), registered for offences punishable under Sections 96/3(5) of the BNS, arising from the alleged forcible kidnapping of the informant's minor daughter by five named accused persons. The victim did not support the prosecution case in her statement recorded under Section 183 of the BNSS, stating that her mother had assaulted her, due to which she left her house, and that she later learnt her parents had falsely implicated a boy named Shahsikant; the petitioner had been in custody since 03.07.2025. Held: petitioner directed to furnish bail bond and, on doing so, 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 CJM, Khagaria/concerned court, subject to the condition that he shall cooperate in the disposal of the trial and make himself available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65649 of 2025

Arising Out of PS. Case No.-241 Year-2025 Thana- ALOULI District- Khagaria

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

Ayush Kumar S/o Ram Nandan Mahto R/o vill - Khanjhapur, P.S.- Cheriya Bariyarpur, Distt.- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Shantanu Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 29-01-2026

Heard the learned counsel for the petitioner as well

as the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection

with Alauli P.S. Case No. 241 of 2025, registered for the offences punishable under Sections 96/3(5) of the BNS.

According to allegation, five named accused persons forcibly kidnapped the minor daughter of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the victim did not support the prosecution case in her statement recorded under Section 183 of the BNSS. In her statement, she has stated that her mother assaulted her, due to which she left her house. Later, she came to know that her parents falsely implicated a boy,

Patna High Court CR. MISC. No.65649 of 2025(4) dt.29-01-2026 2/2

namely Shahsikant. He has also submitted that the petitioner has been in custody since 03.07.2025.

On the other hand, the learned APP for the State has opposed the prayer for bail.

The victim did not support the prosecution case in her statement recorded under Section 183 of the BNSS and the petitioner has been in custody since 03.07.2025.

Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria/concerned court in connection with Alauli P.S. Case No. 241 of 2025, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

Nirmal/- U T