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Patna High Court

Simpu Saraf @ Simpu Shah @ Varun SarrafversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Simpu Saraf, applied for regular bail in a kidnapping case registered under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner was one of four to five persons who abducted Aditya Kumar and demanded Rs. 10 lakh, with both the co‑accused and the victim naming him in their statements recorded under Section 183 of the BNSS. The petitioner has been in custody since May 6, 2025 and has three prior criminal convictions. The court noted the seriousness of the allegations and the existence of prima facie material linking the petitioner to the offence. Consequently, the court declined to grant regular bail, rejecting the application.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the seriousness of the kidnapping charge, prima facie evidence, and prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • regular bail
  • kidnapping
  • criminal antecedents
  • prima facie evidence
  • Bharatiya Nyaya Sanhita
  • Section 140
  • Section 183

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17965 of 2026
                  Arising Out of PS. Case No.-720 Year-2024 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Simpu Saraf @ Simpu Shah @ Varun Sarraf S/o Mohan Shah R/o
                 Banuchhapar, Ward No. 09, P.S.- Bettiah Muffasil (Banuchhapar), Distt.-
                 West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mayank Mohan
                 For the Opposite Party/s :       Mr. Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Shikarpur P.S. Case No. 720 of 2024 registered for the offence

                   under Sections 140(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, one Aditya Kumar was

                   kidnapped by 4-5 unidentified person who demand Rs. 10 Lakh

                   for releasing him.

                                4. The petitioner is in custody since 06.05.2025 and

                   has three criminal antecedents. The co-accused, Pappu Patel,

                   has been apprehended and, in his self-inculpatory statement, has

                   named the petitioner as one of the kidnappers. The victim,

                   Aditya Kumar, has also named the petitioner in his statement
            Patna High Court CR. MISC. No.17965 of 2026(2) dt.29-04-2026
                                                        2/2




                      recorded under Section 183 of the BNSS.

                                   5. The allegations against the petitioner are serious

                      and grave in nature. There exists prima facie material against

                      the petitioner indicating his involvement in the commission of

                      the offence.

                                   6. Considering the nature and the seriousness of the

                      allegation 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.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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