Patna High Court
Sajan KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 137(2)
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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