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Patna High Court

SURAJ KUMAR @ KISHAN KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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          (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
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          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
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                       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


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