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Patna High Court

Bishwas KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted and rejected the bail application.

Summary

The petitioner, Bishwas Kumar, applied for regular bail in a kidnapping case registered under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023. He is alleged to have abducted the informant's son and demanded ransom, and the victim identified him. The petitioner claims innocence and has been in custody since 4 December 2025. The State opposed bail, highlighting the identification by the victim and the petitioner's prior criminal record. The Court, after considering the allegations and the victim's identification, declined to grant regular bail, rejecting the application.

Issues considered

  • Whether regular bail should be granted to the accused under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the seriousness of the kidnapping offence and the identification by the victim.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • ransom
  • Section 140(2)
  • Bharatiya Nyaya Sanhita
  • bail denial
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15516 of 2026
                     Arising Out of PS. Case No.-413 Year-2025 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Bishwas Kumar S/o Umesh Bhagat @ Umesh Ram Resident Of Hardings
                 Road 16 Jhuggijhopri Behind Gaz Bhawan Jhoparpatti, PS- Secretariat, Dist-
                 Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivendra Prasad
                 For the Opposite Party/s :      Mr. Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Gardanibagh P.S. Case No. 413 of 2025 registered for the

                   offence under Section 140(2) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The allegation levelled against the petitioner is that

                   he along with other co-accused kidnapped the son of the

                   informant and demanded ransom money from her.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 04.12.2025.

                                5. Learned A.P.P. for the State has vehemently
            Patna High Court CR. MISC. No.15516 of 2026(2) dt.16-03-2026
                                                        2/2




                      opposed the prayer for bail and has submitted that the petitioner

                      has been found involved in the kidnapping of the victim and the

                      victim has identified the petitioner and he has one criminal

                      antecedent also.

                                    6. Considering the allegations levelled against the

                      petitioner, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    7. Accordingly, this application for regular bail stands

                      rejected.



                                                     (Sandeep Kumar, J)
Shishir/-

U       T


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