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Patna High Court

Amit Kumar @ Aryan RajversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner on condition of a bond and sureties.

Summary

The petitioner, Amit Kumar, a 22‑year‑old student, was arrested on charges under Sections 140(2), 140(3) and 3(5) of the B.N.S. for alleged involvement in a kidnapping and ransom demand. He applied for regular bail, claiming innocence, lack of incriminating material in his possession, no prior criminal record, and that he would not abscond or tamper with evidence. The State opposed the bail, but the court noted the petitioner’s young age, educational commitments, and the period already spent in custody. Considering these factors, the court ordered his release on bail with a bond of Rs.10,000 and two sureties of the same amount. The bail order was directed to be recorded by the Judicial Magistrate, First Class, Patna City.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 140(2), 140(3) and 3(5) of the B.N.S.
  • Whether there is a likelihood of the petitioner absconding or tampering with evidence if released on bail

Legislation cited

  • B.N.S. — s. 140(2), 140(3), 3(5)

Subjects

  • regular bail
  • criminal procedure
  • kidnapping
  • ransom
  • student
  • no criminal antecedent
  • bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11290 of 2026
                     Arising Out of PS. Case No.-330 Year-2025 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Amit Kumar @ Aryan Raj Son of Gajendra Singh Resident of Ashadhi, P.S.-
                 Muffassil in the District of Nawada. At Present R/o- Road No.- 13 B, Besides
                 Shyam Mandir, Bahadurpur, P.S.- Bahadurpur, District - Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered

                   under Sections 140(2), 140(3) and 3(5) of the B.N.S.

                                3. As per prosecution case, it is alleged that the

                   informant got information on mobile about kidnapping of her

                   husband and demanding ransom of Rs.2 lakhs by two accused

                   persons including petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing incriminating material has been recovered from

                   conscious possession of petitioner. Petitioner is a student of

                   B.A. Part - I in B.N. College, Patna and he is preparing for
           Patna High Court CR. MISC. No.11290 of 2026(2) dt.24-02-2026
                                                       2/2




                     competitive examinations. The charge sheet has already been

                     submitted and there is no chance of absconding of the petitioner

                     or tampering with the evidence. Petitioner is in jail since

                     10.10.2025 having no criminal antecedent and he undertakes to

                     cooperate in the trial.

                                  5. Learned A.P.P. has opposed the prayer for bail of

                     the petitioner.

                                  6. Considering the facts and circumstances of the

                     case, submissions of the parties, allegations against the

                     petitioner and the fact that petitioner is a student aged about 22

                     years and the period of custody undergone by him, let the above

                     named petitioner be released on bail on furnishing bail bond of

                     Rs.10,000/- (rupees ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned Judicial Magistrate,

                     First Class, Patna City/concerned court in connection with

                     Bahadurpur P.S. Case No.330 of 2025.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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