Patna High Court
Sanjay Pandey @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the seriousness of the offences and the precedent of X v. State of Rajasthan, regular bail could not be granted and the application was dismissed.
Summary
The petitioner, Sanjay Pandey, was arrested in connection with a kidnapping case (PS Case No. 720 of 2024) and charged under Sections 127(1), 126(2), 115(2), 140(2) and 351(2) of the Bihar Negotiable Substances Act. The victim was allegedly released after a ransom payment and initially identified the petitioner as one of the kidnappers. The petitioner, who has been in custody since 9 December 2024, filed a second application for regular bail after an earlier bail plea was rejected. The court noted that the trial was still ongoing with only four of seven witnesses examined and that the gravity of the offences, as highlighted by the Supreme Court’s decision in X v. State of Rajasthan (2024 SCC OnLine SC 3539), did not warrant bail. Consequently, the court dismissed the bail application and directed that the trial be expedited.
Issues considered
- What is the appropriate standard for granting regular bail in a kidnapping case involving multiple serious offences under the Bihar Negotiable Substances Act?
- Whether the earlier bail denial can be revisited in light of the trial’s progress and the victim’s statements.
Subjects
- regular bail
- kidnapping
- Bihar Negotiable Substances Act
- gravity of offence
- Supreme Court precedent
- trial acceleration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13434 of 2026
Arising Out of PS. Case No.-720 Year-2024 Thana- SIKARPUR District- West Champaran
======================================================
Sanjay Pandey @ Sanjay Kumar S/O Rajendra Pandey Resident of Vill-
Mishra Tola, Lauriya, P.S.- Lauriya, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Shikarpur P.S. Case No.
720 of 2024 registered for the offence under Sections127(1)/
126(2)/ 115(2)/ 140(2)/ 351(2) of the BNS. Earlier the bail
application of the petitioner was rejected vide order dated
16.04.2025 passed in Cr. Misc. No. 17069 of 2025 which reads
as under:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Shikarpur P.S. Case No. 720 of 2024
registered for the offence under Sections 140(2) of the BNS.
3. As per the prosecution case, the victim
was kidnapped by unknown criminals, who was released
after payment of ransom money. The victim has named the
petitioner as one of the kidnappers.
Patna High Court CR. MISC. No.13434 of 2026(2) dt.25-02-2026
2/2
4. The petitioner is in jail since 9.12.2024.
5. Considering the aforesaid facts, this
Court is not inclined to grant bail to the petitioner.
6. Accordingly, this application is
dismissed.
7. The trial of the petitioner is directed to be
expedited.
8. Let a copy of this order be communicated to
the Principal District and Sessions Judge, West Champaran
through FAX for its compliance.
3. It has been submitted by the learned counsel for the
petitioner that the trial is progressing and only four out of seven
witnesses have been examined. It is next submitted that the the
victim has not taken the name of the petitioner and the petitioner
is in jail since 09.12.2024.
4. Considering the gravity of offence and the
judgment of the Supreme Court in the case of X vs. State of
Rajasthan & Anr. reported in 2024 SCC OnLine SC 3539,
this Court finds no ground to review its earlier order.
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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