Patna High Court
SURAJ KUMAR @ KISHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Suraj Kumar (alias Kishan Kumar) was arrested in connection with PS Lohiyanagar Case No. 93 of 2025 for offences under Sections 140(2), 61(2), 103(1), 238 and 3(5) of the Bihar Narcotic Substances Act. The prosecution alleged that the deceased Bhola Mahto was abducted, a ransom of Rs. 5 lakh was demanded, and the accused were involved in the kidnapping and assault. The petitioner contended that he was falsely implicated, that the FIR named unknown miscreants, and that the only eyewitness, Guddu Paswan, did not identify any perpetrator. The petitioner also highlighted the lack of substantive evidence, inconsistencies in witness statements, and the fact that the co‑accused Abhinav Kumar had already been granted bail. The State opposed bail, citing seven prior criminal cases against the petitioner. After evaluating the evidence and the petitioner’s custody since 4 November 2025, the Court found no compelling reason to deny bail. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation and regular attendance.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences and alleged criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 140(2), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- kidnapping
- ransom
- false implication
- antecedent
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14288 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Suraj Kumar @ Kishan Kumar, S/O Late Shiv Balak Singh, R/o vill -
Safegatpur tola Bihat, Ward no. 26, P.S.- F.C.I., (Barauni), Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Lohiyanagar P.S. Case No. 93 of 2025 registered for the
offence punishable under Sections 140(2), 61(2), 103(1), 238
and 3(5)of B.N.S.
3. The case of the prosecution, in short, is that the son
of the informant has gone to fetch vegetables with one Guddu
Paswan. When he did not return for a considerable moment, a
call was received on the mobile of Guddu Paswan with a request
to connect him with the informant. When the informant talked
his son, he disclosed that send Rs. 5 lakh. After this, the phone
was disconnected. The informant asked Guddu Paswan, Guddu
Paswan disclosed that Bhola Mahto, the son of the informant
Patna High Court CR. MISC. No.14288 of 2026(2) dt.25-02-2026
2/4
(deceased) boarded in a vehicle at smart point and has gone
somewhere. After this, the informant called his son then the
deceased said that come with Rs. 5 lakh, he is being assaulted.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants. His
name has surfaced in the confessional statement of Abhinav
Kumar. During course of investigation in para ‘14’ of the case
diary, witness Sudhir Kumar has stated that he came to know
that a call has come on the brother’s mobile and he was called
he has gone with Guddu and he was taken away on a vehicle by
Abhinav and others whereas in para ‘15’, Guddu Paswan has
stated that the deceased has only stated in his call that come
with Rs. 5 lakh, he is being assaulted by miscreants. In para ‘16’
of the case diary, the mother of the deceased has stated that
Bhola Mahto and Guddu Paswan have gone on a bike. A black
colour Scorpio vehicle arrived there, two persons alighted from
that vehicle, called Bhola. Bhola went there. He was boarded in
that vehicle and he called his mother, the witness that he is
going to Zero Mile. After this, she disclosed that again a call
was received from the deceased who requested to talk his father.
Patna High Court CR. MISC. No.14288 of 2026(2) dt.25-02-2026
3/4
After this, the deceased disclosed that Rs. 5 lakh is being
demanded but he has not disclosed the name of any person. She
has also stated that Abhinav along with others have taken away
his son (deceased) in a black colour Scorpio vehicle. Learned
counsel for the petitioner has submitted that Guddu Paswan is
the sole eye witness and he has not named any person. Sudhir
Kumar and Mahabashki Devi have given their statements in
paras ‘14’ and ‘16’ of the case diary and they have stated that
they came to know but they have not disclosed the source. In
para ‘41’ of the case diary, C.D.R. of Abhnav Kumar was
collected and is location was found at Rikhiya, District-
Deoghar, Jharkhand. In CCTV footage, one person was seen
with a Scorpio vehicle who has handed over the vehicle to
Tekriwal Motor Pvt. Ltd. and went away at 9.30. The vehicle
was also subjected to F.S.L. and from the F.S.L., it is clear that
nothing could be found. From perusal of the postmortem report,
it is clear that the doctor conducting autopsy has found no
antemortem injury on the person of the deceased and cause of
death is asphyxia and shock due to antemortem drowning. The
postmortem suggests that the death was due to drowning
whereas the confessional statement is to the effect that he was
being assaulted by the Abhinav and others. Petitioner is
Patna High Court CR. MISC. No.14288 of 2026(2) dt.25-02-2026
4/4
languishing in judicial custody since 04.11.2025. It has also
been submitted that co-accused Abhinav Kumar has been
granted bail by this Court vide Cr. Misc. No. 80814 of 2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of seven cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Begusarai in connection with Lohiyanagar
P.S. Case No. 93 of 2025 with the following conditions:-
(i) the petitioner shall cooperate in the trial and
shall remain physically present on each and every date fixed
by the learned trial Court.
(ii) He shall mark his attendance weekly at
Barauni P.S.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…