Patna High Court
Durgesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 140(2)
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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