Patna High Court
Md. JilaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeals are dismissed; regular bail is not granted to the appellants.
Summary
The Patna High Court heard two bail appeals (Cr. Appeal SJ No.786/2026 and No.1107/2026) arising from the same police case involving the kidnapping and murder of a 12‑year‑old boy for a ransom of Rs.45 lakh. The appellants, Md. Jilani and Md. Nazruddin Sah, were charged under Sections 139 and 140(3) of the Bharatiya Nyaya Sanhita, 2023, with the final charge sheet also invoking Sections 140(2), 103(1), 3(5) of the same Act and Section 3(2)(v) of the SC/ST Act. The prosecution presented self‑inculpatory statements and other material indicating the appellants’ involvement. The court, considering the gravity of the offence and the evidence, declined to grant regular bail and dismissed the appeals, noting that its observations were prima facie and limited to the bail applications. The merits of the case were not decided.
Issues considered
- Whether regular bail can be granted to the accused in a kidnapping‑for‑ransom and murder case under the Bharatiya Nyaya Sanhita, 2023.
- Whether the self‑inculpatory statements and seriousness of the offence justify denial of bail.
- Whether the provisions of the SC/ST Act, 1989, affect the bail considerations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 139, 140(2), 140(3), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- bail
- kidnapping
- murder
- ransom
- Bharatiya Nyaya Sanhita
- SC/ST Act
- regular bail
- self‑inculpatory statement
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.786 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Md. Jilani S/O late Md. Aashik @ Mohammad Ashique R/O Vill.- Piprouliya,
P.S.- Araria Sangram, Dist.- Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar
2. Shiv Kumar Chaupal S/O late Sitaram Chaupal R/O Vill.- Araria Ward no.
11, P.S.- Araria Sangram, Dist.- Madhubani.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 1107 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Md. Nazruddin Sah S/O Mohinudin Sah @ Md. Mohiuddin Shah R/O
Village- Piprauliya, P.S- Araria Sangram, Dist.- Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar
2. Shiv Kumar Chaupal S/O Late Sitaram Chaupal R/O Village- Araria, Ward
No. 11, P.S- Araria Sangram, Dist.- Madhubani.
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 786 of 2026)
For the Appellant/s : Mr. Ali Muqtadir Ahmad, Advocate
For the Respondent/s : Ms. Usha Kumari 1
For the Res No. 2 : Mr. Rohit Raj, Advocate
Ms. Richa Raj, Advocate
(In CRIMINAL APPEAL (SJ) No. 1107 of 2026)
For the Appellant/s : Ms. Archna Aanand
For the Respondent/s : Ms. Usha Kumari 1
For the Res No. 2 : Mr. Rohit Raj, Advocate
Ms. Richa Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-04-2026 These cases arise out of the same P.S. Case i.e., Araria
Sangram P.S. Case No. 77 of 2025; therefore, they are being
Patna High Court CR. APP (SJ) No.786 of 2026(3) dt.27-04-2026
2/3
heard together and disposed of by a common order.
2. Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State as well as learned
counsel appearing on behalf of the informant.
3. Cr. Appeal (SJ) No. 786 of 2026 and Cr. Appeal
(SJ) No. 1107 of 2026 have been preferred against the orders
dated 09.02.2026 and 12.02.2026, respectively, passed by the
learned District and Additional Sessions Judge-III, Jhanjharpur,
in connection with Araria Sangram P.S. Case No. 77 of 2025,
registered for offences punishable under Sections 139 and
140(3) of the Bharatiya Nyaya Sanhita, 2023, and the final form
was submitted under Sections 140(2), 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023, along with Section 3(2)(v) of
the SC/ST Act. By the aforesaid orders, the prayer for bail of the
appellants has been rejected.
4. As per the prosecution case, the appellants are
alleged to have kidnapped the victim boy and killed him for
ransom.
5. It is submitted on behalf of the appellants that they
are innocent and have committed no offence. The appellants are
in custody since 20.10.2025 and 07.12.2025 respectively.
6. The learned Spl. PP for the State and the learned
Patna High Court CR. APP (SJ) No.786 of 2026(3) dt.27-04-2026
3/3
counsel for the informant have vehemently opposed the prayer
of the appellants.
7. I have considered the submissions of the parties and
have gone through the records of the case. A 12-year-old boy
was kidnapped and ransom of Rs. 45 lakh was demanded. He
was subsequently killed. During investigation, materials have
come, including the self-inculpatory statement of the appellants,
that they had kidnapped the victim for ransom and killed him.
8. Considering the gravity of the offence and the
materials available on record, I am not inclined to grant regular
bail to the appellants. Accordingly, these appeals are dismissed.
9. It is made clear that the observations made herein
are prima facie in nature and confined only to the adjudication
of the present appeals for bail and shall not be construed as an
expression on the merits of the case.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…