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Patna High Court

Durgesh ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Durgesh Chaudhary was arrested in connection with a kidnapping case and charged under section 140(2) of the B.N.S., 2023. The prosecution alleged that a minor was abducted and that the petitioner was implicated, primarily through a confessional statement of a co-accused, Raja Kumar. The petitioner contended that he was innocent, no material was recovered from him, the victim’s statement was not recorded, and he had no prior criminal record, having been in custody since 12‑11‑2024. The State opposed the bail application. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under section 140(2) of the B.N.S., 2023 given the evidence and circumstances of the kidnapping case.

Legislation cited

Subjects

  • regular bail
  • section 140(2)
  • B.N.S. 2023
  • kidnapping
  • confessional statement
  • co-accused
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15588 of 2026
                     Arising Out of PS. Case No.-209 Year-2024 Thana- PURAINI District- Madhepura
                 ======================================================
                 Durgesh Chaudhary S/o Bulo Chaudhary R/o Village- Fulaut East Ward No.3,
                 P.S- Fulaut, Dist- Madhepura.
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dinesh Prasad Verma, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 140(2) of the

                   B.N.S., 2023.

                                3. The case of the prosecution, in short, is that one

                   minor namely, Mayank Ranjan was kidnapped by unknown

                   miscreants from bus. The bus driver disclosed the number of

                   one bike and has also disclosed that one of the other bike was

                   not having any number plate.

                                4. Learned counsel for the petitioner has submitted the

                   petitioner is innocent and has committed no offense. He has

                   falsely been implicated in the present case. He also submits that

                   during the course of investigation, one Raja Kumar has given

                   given his confessional statement in which he has named this
             Patna High Court CR. MISC. No.15588 of 2026(2) dt.26-02-2026
                                                         2/2




                       petitioner. Save and except the confessional statement of co-

                       accused, there is nothing against him. Nothing has been

                       recovered from the possession of this petitioner.        He also

                       submits that in this case, the victim was recovered on the same

                       day, the police have not recorded his statement and no TIP was

                       conducted. The victim is the best person who can disclose the

                       name of the person who had kidnapped. He further submits that

                       the petitioner has got no any criminal antecedent and he is

                       languishing in judicial custody since 12.11.2024.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    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 released on bail in connection with

                       Puraini P.S. Case No. 209 of 2024 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned A.D.J. VIII, Madhepura.



                                             (Ashok Kumar Pandey, J)
Abhishek/-

U      T


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