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Patna High Court

PAPPU KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, finding insufficient evidence to justify continued detention.

Summary

Pappu Kumar was arrested in connection with a kidnapping and ransom demand case, charged under Section 140(2) of the BNS and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution’s case relied mainly on the testimony that the victim’s brother was abducted by a group of men and a ransom of Rs. 50 lakh was demanded, with the only link to the petitioner being his name appearing in the confessional statement of a co‑accused, Chhotu Kumar. The petitioner argued that the FIR was lodged against unknown persons, there was no direct evidence against him, he had no prior criminal record, and co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences. After considering the lack of substantive evidence beyond the co‑accused’s confession and the petitioner’s clean record, the Court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the adequacy of evidence, particularly a co‑accused’s confessional statement, to justify denial of bail?
  • Whether the nature of the offences (kidnapping, ransom demand, and arms violations) warrants denial of bail despite lack of direct evidence against the petitioner.

Legislation cited

Subjects

  • bail
  • kidnapping
  • ransom
  • Arms Act
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17047 of 2026
                        Arising Out of PS. Case No.-43 Year-2025 Thana- Karvandiya District- Rohtas
                 ======================================================
                 Pappu Kumar, Son of Hiraman Paswan @ Hira Ram Paswan, Resident of
                 Village-Hathini, P.S.- Nokha, District- Rohtas
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Ms. Ojaswee Kumari, Advocate
                                                    Mr. Shivam Aniket, Advocate
                 For the Opposite Party/s :         Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-03-2026                   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

                   BNS and under Sections 25(1-b)a, 26 & 35 of the Arms Act.

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

                   informant’s brother was returning to home after closing his

                   grocery shop and in the way he was intercepted by three-four

                   persons who were in a car. They forcibly made the brother of the

                   informant sit in the car. It is also alleged that ransom of Rupees

                   Fifty Lakh were demanded by the abductors by calling on the

                   mobile phone of wife of the informant’s brother.

                                 4. Learned counsel for the petitioner has submitted

                   that the FIR was lodged against unknown miscreants. During
Patna High Court CR. MISC. No.17047 of 2026(2) dt.17-03-2026
                                            2/3




          course of investigation one of the co-accused Chhotu Kumar

          was apprehended and he has given his confessional statement.

          Learned counsel for the petitioner has further submitted that the

          name of this petitioner has surfaced in the confessional

          statement of Chhotu Kumar. Learned counsel has further

          submitted that the nature of allegation is general and omnibus.

          The allegation is only that ransom was demanded but nothing

          was paid, moreover, name of this petitioner has surfaced in the

          confessional statement of co-accused. Save and except the

          confessional statement of the co-accused, there is nothing

          against the petitioner. Learned counsel for the petitioner has

          further submitted that the petitioner is having no criminal

          antecedent and he is in judicial custody since 29.04.2025. It has

          further been submitted that Chhotu Kumar and Chandan Kumar

          have been granted bail by the learned Co-ordinate Bench of this

          Court vide Cr. Misc Nos. 86983 of 2025 and 79310 of 2025

          respectively. The case of this petitioner stands on similar

          footing.

                       5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the prayer of bail to the petitioner.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.17047 of 2026(2) dt.17-03-2026
                                                        3/3




                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Karwandiya P.S. Case No. 43 of 2025 on furnishing bail bond of

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

                      each to the satisfaction of learned C.J.M., Rohtas at Sasaram.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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