Patna High Court
Danish Raja @ Danish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the circumstances did not justify continued detention.
Summary
The petitioner, Danish Raja, was charged under Sections 140(2) and 3(5) of the B.N.S. for allegedly kidnapping the son of an informant and demanding a ransom of Rs. 1,20,000. The petitioner contended that he was falsely implicated, that no ransom was actually paid, and that he had no prior criminal record, having been in custody since 30‑12‑2025. The State opposed bail, relying on the victim’s statement recorded under Section 183 of the B.N.S.S. that identified the petitioner as a participant in the kidnapping. After hearing both sides, the Court considered the lack of any extortion payment, the petitioner’s clean antecedents, and the circumstances of the case. The Court concluded that the petitioner was entitled to bail and ordered his release on a bond of Rs. 10,000 with two sureties. The bail order was directed to be effected by the Chief Judicial Magistrate, Gopalganj.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the kidnapping and extortion allegations
- Whether the victim’s statement under Section 183 of the B.N.S.S. suffices to deny bail
Legislation cited
Subjects
- bail
- kidnapping
- extortion
- criminal procedure
- surety
- Section 183 statement
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20523 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- THAWE District- Gopalganj
======================================================
Danish Raja @ Danish Kumar, Son of Raj Husen @ Raja Hussain, Resident
of Village- Basdila Bujurg, P.S.- Tamkuhiraj, District- Kushinagar, Uttar
Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Thawe P.S. Case No. 302 of 2025 registered for the offence
punishable under Sections 140(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the son of
the informant was kidnapped by some unknown miscreants and a
call was made from the mobile of his son demanding Rs.
1,20,000/- as ransom.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner has submitted that after some time, the
petitioner was apprehended and the son of the informant also
Patna High Court CR. MISC. No.20523 of 2026(2) dt.31-03-2026
2/2
returned back. Actually, the son of the informant has demanded the
extortion money. It has further been submitted that save and except
the demand, nothing was paid towards that demand. It has also
been submitted that the boy has been recovered and there is no
payment of any extortion money. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
30.12.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail and has submitted that the learned
trial Court has recorded that the victim Vinay Kumar has given his
statement under Section 183 of the B.N.S.S. wherein he has stated
that he was kidnapped by the petitioner and others.
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 enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Gopalganj in connection with Thawe P.S. Case No. 302 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…