Patna High Court

Suraj KumarversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Suraj Kumar was arrested in connection with a kidnapping case (Kursela P.S. Case No.235 of 2025) alleged under several sections of the B.N.S. The prosecution alleged that the minor son of an informant was kidnapped by Dharmendra, while the petitioner claimed he was falsely implicated and not named in the victim's statement recorded under Section 183 of the B.N.S.S. CCTV footage showed a baby being taken on a scooter, with the petitioner also seen on the scooter, but the victim identified only Dharmendra. The petitioner, who has no prior criminal record and has been in judicial custody since 13 January 2026, sought bail, citing the grant of bail to a co-accused, Rakesh Kumar. The State opposed the bail. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
Whether the lack of direct identification by the victim and the petitioner's clean record justify granting bail

Legislation cited

B.N.S. — s. 137(2), 140(2), 140(3), 142, 3(5), 61(2), 97
B.N.S.S. — s. 183

Subjects

bail
criminal procedure
kidnapping
false implication
minor victim
CCTV evidence
surety
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23416 of 2026
                      Arising Out of PS. Case No.-253 Year-2025 Thana- KURSAILA District- Katihar
                 ======================================================
                 Suraj Kumar Son of Prabhash Yadav @ Prabhu Yadav Resident of Village -
                 Sameli, P.S.- Kursela, District – Katihar.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Advocate
                                                  Mr. Ashish Bhaskar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Kursela P.S. Case No.235 of 2025 registered for the

                   offence punishable under Sections 137(2), 140(3), 142, 97 and

                   3(5) of B.N.S. and later on Sections 61(2) and 140(2) of the

                   B.N.S. was added.

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

                   minor son of the informant was being kidnapped by one

                   Dharmendra.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.23416 of 2026(2) dt.17-04-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. The name of this petitioner has surfaced during the course

          of investigation. From perusal of CCTV footage, it was found

          that a baby was being taken on a scooter and it is said that this

          petitioner was also sitting on that scooter. It has further been

          submitted that victim boy has been recovered and he has given

          his statement recorded under Section 183 of the B.N.S.S. and

          from perusal of which it is clear that he has not named this

          petitioner rather he has only named Dharmendra and all the

          allegations are against Dharmendra. He further submits that

          similarly situated other co-accused namely, Rakesh Kumar has

          been granted bail by this court vide Cr. Misc. No. 8601 of 2026.

          Moreover, the petitioner is having no criminal antecedent and he

          is languishing in judicial custody since 13.01.2026.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       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.,
           Patna High Court CR. MISC. No.23416 of 2026(2) dt.17-04-2026
                                                       3/3




                     Katihar in connection with Kursela P.S. Case No. 253 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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