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Patna High Court

Sajan KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court denied bail to the petitioner, holding that the seriousness of the offence and the confession warranted continued custody.

Summary

The petitioner, Sajan Kumar, was arrested on 22 November 2025 in connection with a kidnapping and murder case (PS Case No. 128 of 2025) under Section 137(2) of the Bihar Narcotic Substances Act, 2023. The prosecution alleges that he abducted and killed the informant's son, recovered the body and the weapon, and that the petitioner confessed to the crime. The petitioner’s counsel argued that he has a clean antecedent, was falsely implicated, and that the informant is not an eyewitness. The informant’s counsel and the Additional Public Prosecutor opposed bail, emphasizing the confession and seriousness of the offences. The court, after considering the seriousness of the charges and the confession, refused the bail application.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping and murder case under Section 137(2) of the Bihar Narcotic Substances Act, 2023 despite a confession and recovery of the victim’s body and weapon.

Legislation cited

Subjects

  • bail
  • kidnapping
  • murder
  • confession
  • Section 137(2)
  • Bihar Narcotic Substances Act
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22781 of 2026
                        Arising Out of PS. Case No.-128 Year-2025 Thana- Mohanpur District- Purnia
                 ======================================================
                 Sajan Kumar S/O Late Bucho Yadav Resident of Vill.- Dhobaniya Basa, P.S-
                 Mohanpur.Dist- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kamlesh Kr. Pathak, Advocate
                                                   Mr. Sumit Kumar Bhagat, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 For the Informant        :        Mr. Bijendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-04-2026                    Heard Mr. Kamlesh Kr. Pathak, learned counsel for

                   the petitioner, Mr. Bijendra Kumar Singh, learned counsel for

                   the informant and Mr. Binod Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   22.11.2025 in connection with Mohanpur P.S. Case No. 128 of

                   2025, F.I.R. dated 18.11.2025 for the offences punishable under

                   Section 137(2) of the BNS, 2023.

                                3. According to prosecution case, this petitioner has

                   abducted the son of the informant and killed him.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. As per the allegation in the FIR,
            Patna High Court CR. MISC. No.22781 of 2026(2) dt.08-04-2026
                                                        2/2




                      the petitioner has abducted the son of the informant. It appears

                      from the FIR itself, that the informant is not the eye witness of

                      the alleged occurrence.

                                  5. The learned counsel for the informant as well as

                      learned Additional Public Prosecutor have vehemently opposed

                      the prayer for bail of the petitioner and submits that the

                      allegation against the petitioner is that he has kidnapped the son

                      of the informant, namely, Newish Kumar and lated on

                      committed his murder and thereafter the petitioner has

                      confessed his guilt in the present occurrence. He further submits

                      that on the basis of his confessional statement the dead body of

                      the deceased was recovered and apart from that the arms which

                      was used in the commencement of the present crime has also

                      been recovered on the basis of his confessional statement.

                                   6. Considering the aforesaid facts and circumstances,

                      I am not inclined to enlarge the petitioner on bail in connection

                      with Mohanpur P.S. Case No. 128 of 2025 pending in the court

                      of learned Chief Judicial Magistrate, Purnea.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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