Patna High Court
Simpu Saraf @ Simpu Shah @ Varun SarrafversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 183
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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