Patna High Court
Birju Kumar @ Birju MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
Birju Kumar petitioned for bail in a case registered under Sections 137(2) and 140(3) of the Bhartiya Nyaya Sanhita, 2023, relating to the alleged abduction of an informant's son. The prosecution’s case is based on the disappearance of the son and a confession by co‑accused Ramesh Kumar that named the petitioner. The petitioner’s counsel argued that he was not named in the FIR, that the charge rests solely on the co‑accused’s confession, and highlighted that he had previously been granted bail in a separate murder FIR and that a similarly situated co‑accused had also received bail. The State opposed the bail application. After considering the submissions and the circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 137(2) and 140(3) of the Bhartiya Nyaya Sanhita, 2023, when the primary evidence is a co‑accused’s confession.
- Whether the petitioner’s prior bail in another FIR and the bail granted to a co‑accused are relevant to the present bail application.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 137(2), 140(3), 3(5)
Subjects
- bail
- criminal procedure
- abduction
- confession of co‑accused
- Bhartiya Nyaya Sanhita
- Section 137
- Section 140
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19539 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Birju Kumar @ Birju Mahto, S/O Krishna Prasad, Resident of Village-
Rajapur, P.S.- Kateya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Kateya
P.S. Case No. 119 of 2025 dated 08.03.2025 instituted for the
offence punishable under Sections137(2), 140(3) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
07.03.2025 at about 12:00 am, the informant's son went to Dulia
market by his motorcycle but did not return for a long time.
Upon search, the motorcycle of informant's son was found near
the pond but the son of informant was missing. The informant
has suspicion that Aklu Nonia has abducted him as informant's
son was in love affair with his daughter.
4. Learned counsel for the petitioner submits that the
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petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that the
petitioner is not named in the F.I.R. During investigation, co-
accused Ramesh Kumar was apprehended, who disclosed the
name of the petitioner. It is further submitted that only on the
basis of confessional statement of co-accused Ramesh Kumar,
the petitioner has been made accused in this case. Learned
counsel for the petitioner further submits that two F.I.R. have
been lodged; one under Section 103(1) and 3(5) of B.N.S.
against the petitioner and the family members of Puja Kumar
with regard to murder of Dharmendra Kumar and Puja Kumari
in which the petitioner has been granted bail vide order dated
04.12.2025 passed by a Co-ordinate Bench of this Court in
Criminal Miscellaneous No. 14279 of 2026 and another is
present one. It is further submitted that similarly situated co-
accused person, namely, Vikash Kumar @ Vikash Kumar
Chouhan has been granted bail by this Court vide Criminal
Miscellaneous No. 70435 of 2025. Lastly, it has been submitted
that the petitioner is in custody since 28.07.2025 having one
criminal case against him. Charge-sheet has been submitted in
the case.
5. Learned A.P.P. has opposed the prayer for bail of
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the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned District Additional
Sessions Judge- II, Gopalganj in connection with Kateya P.S.
Case No. 119 of 2025.
(Khatim Reza, J)
premchand/-
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