Patna High Court
Bishwas KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2)
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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