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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Pankaj Kumar was arrested in connection with a case registered under multiple sections of the BNS, alleged to involve the abduction of an informant, extortion, and theft of money. The prosecution’s case was that unknown miscreants abducted the informant, demanded Rs 4 lakh, and stole Rs 4,500, also transferring money from the informant’s account. The petitioner’s counsel argued that the FIR was lodged against unknown persons, the petitioner’s name only appeared in a co‑accused’s confessional statement, there was no injury to the informant, and the petitioner had no prior criminal record. The court noted that the co‑accused, a juvenile, had already been granted bail. After hearing both sides, the court decided to grant bail to the petitioner on the condition of a Rs 10,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 126(2), 127(2), 115(2), 109, 308(5), 308(4), 303(2) and 3(5) of the BNS.

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 127(2), 303(2), 308(4), 308(5), 3(5)

Subjects

  • bail
  • criminal procedure
  • IPC sections
  • abduction
  • extortion
  • confessional statement
  • juvenile offender
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23021 of 2026
                      Arising Out of PS. Case No.-479 Year-2025 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Pankaj Kumar S/o- Bhushan Paswan R/v- Rasula Ps- Kako Dist- Jehanabad,
                 A/P- Sanjay Nagar Ps- Jakkanpur Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabindra Kumar Priyadarshi, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Jakkanpur P.S. Case No.479 of 2025 registered for the

                   offence punishable under Sections 126(2), 127(2), 115(2), 109,

                   308(5), 308(4), 303(2) and 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that certain

                   unknown miscreants have forcefully abducted the informant in a

                   toto and it is further alleged that he was being assaulted by them

                   brutally. The miscreants also demanded Rupees Four Lakh. The

                   informant arranged Rupees Ten Thousand from his friend. It is

                   further alleged that Rs.4,500/- in cash was snatched by the

                   miscreants and further the accused persons have transferred

                   money from account of this informant.
Patna High Court CR. MISC. No.23021 of 2026(2) dt.08-04-2026
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                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that the FIR was lodged against

          unknown miscreants. Learned counsel for the petitioner has

          submitted that the name of this petitioner has surfaced in the

          confessional statement of Sunny Kumar. Save and except the

          confessional statement of co-accused, there is nothing against

          the petitioner. Learned counsel for the petitioner has submitted

          that the informant has not received any injury. Learned counsel

          for the petitioner has further submitted that the tempo of the

          petitioner was stolen and in that case the informant of this case

          was suspected as accused and to counter that allegation, this

          case has been filed. Learned counsel for the petitioner has

          further submitted that the petitioner is having no criminal

          antecedent and he is in judicial custody since 26.12.2025. It has

          further been submitted that Sunny Kumar has been granted bail

          by the learned trial court itself as he was juvenile.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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
            Patna High Court CR. MISC. No.23021 of 2026(2) dt.08-04-2026
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                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      A.C.J.M.-VIII, Patna in connection with Jakkanpur P.S. Case

                      No.479 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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