Patna High Court
Md. AkramversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail is granted because the prosecution’s evidence of a ransom demand is insufficient and the petitioner’s mental illness warrants release on bond.
Summary
The petitioner, Md. Akram, was charged under Sections 140(2), 140(3) and 61(2) of the Bharatiya Nyaya Sanhita for allegedly demanding a ransom of Rs.1,30,000 in a kidnapping case. The prosecution’s case rests on a phone call allegedly made by the petitioner, but the son of the informant was recovered before the FIR was lodged and no money was actually transferred. The petitioner’s counsel highlighted that the call data records were not produced and that the petitioner suffers from mental illness, being treated at a neuro‑psychiatric centre. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the lack of concrete evidence, the premature recovery of the victim, and the petitioner’s mental health, decided to enlarge bail. Bail was granted on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Supaul.
Issues considered
- Whether bail can be granted to an accused under Sections 140(2), 140(3) and 61(2) of the Bharatiya Nyaya Sanhita in a kidnapping‑ransom case.
- Whether the absence of call‑data records, non‑payment of ransom, and the petitioner’s mental illness justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 140(2), 140(3), 61(2)
Subjects
- bail
- ransom
- mental illness
- Bharatiya Nyaya Sanhita
- criminal procedure
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14597 of 2026
Arising Out of PS. Case No.-227 Year-2025 Thana- JADIA District- Supaul
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Md. Akram S/O Md. Nasim R/O Village - Bhirkhi, P.S- Madhepura, Distt.-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rana Hason, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jadia P.S. Case No.227 of 2025 registered for the offence
punishable under Sections 140(2), 140(3) & 61(2) of the
Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that one
Md. Gyas has taken the son of the informant to his relation.
As the son of the informant did not return till night, he was
being searched. A call was received from mobile no.
9162598946 demanding Rs.1,30,000/- as ransom and the
caller was identified as Md. Akram (petitioner).
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.14597 of 2026(3) dt.15-04-2026
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petitioner has submitted that from perusal of the case diary it
will transpire that the son of the informant was recovered
before filing of the FIR which is clear from Paragraph Nos. 11
to 14 of the case diary. It has further been submitted that only
allegation against the petitioner is that he has made a call for
ransom but no any amount has been transferred in view of
that call. It has further been submitted that the CDR of the
petitioner’s mobile number has not been collected by the I.O.
to show that he had made any call on the mobile of the
informant’s younger son or not. It has further been submitted
that the petitioner is mentally ill and he is undergoing
treatment at Bhagalpur Psycho Neuro Center. Learned counsel
for the petitioner has further submitted that the petitioner is in
judicial custody since 06.11.2025.
5. The application for bail is opposed by learned
APP for the State.
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 court of
Patna High Court CR. MISC. No.14597 of 2026(3) dt.15-04-2026
3/3
learned Chief Judicial Magistrate, Supaul in connection with
Jadia P.S. Case No.227 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
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