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Patna High Court

Suday KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court refused to grant bail and dismissed the bail application.

Summary

The petitioner, Suday Kumar, applied for regular bail in a case registered under Section 309(4) of the BNS, alleging that he was involved in the interception, robbery, and kidnapping of an informant. The prosecution alleged that unknown accused seized the informant's vehicle, stole his belongings, and confined him before abandoning him in Jehanabad, from where he was rescued. The petitioner has been in custody since 21‑06‑2025 and is implicated in thirteen other serious criminal cases, with his name appearing in a co‑accused's self‑incriminating statement. Considering the gravity of the alleged offences, the petitioner’s extensive criminal history, and the risk of tampering with evidence or influencing witnesses, the Court found no sufficient ground to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 309(4) of the BNS given the seriousness of the alleged offences and his involvement in multiple other cases.

Legislation cited

  • BNS — s. 309(4)

Subjects

  • regular bail
  • Section 309(4)
  • BNS
  • kidnapping
  • robbery
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25535 of 2026
                      Arising Out of PS. Case No.-12 Year-2025 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Suday Kumar S/o Lal Babu Prasad @ lAL bABU R/o vill - Kewari, P.S.-
                 Mahkar, Distt.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajiv Krishna Bariar
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Khizarsarai P.S. Case No. 12 of 2025, registered for the offence

                   under Section 309(4) of the BNS.

                                3. As per the prosecution case, unknown accused

                   persons are alleged to have intercepted the informant while he

                   was travelling in his Bolero Pickup vehicle. It is further alleged

                   that two persons, arriving in a Scorpio vehicle, snatched his

                   vehicle key, mobile phone, and Rs. 4,500/-, and forcibly took

                   away his Bolero Pickup vehicle. Thereafter, the informant was

                   allegedly kidnapped, tied up, and confined inside the vehicle. It

                   is further alleged that he was later abandoned in Jehanabad

                   district, from where he was rescued with the assistance of local
            Patna High Court CR. MISC. No.25535 of 2026(2) dt.06-05-2026
                                                        2/2




                      villagers.

                                    4. The petitioner is in custody since 21.06.2025 and is

                      involved in 13 other serious criminal cases. The name of the

                      petitioner has surfaced in the self-inculpatory statement of a co-

                      accused.

                                    5. Having regard to the aforesaid facts and

                      circumstances, this Court is not inclined to grant bail to the

                      petitioner.

                                    6. Accordingly, the bail application is dismissed.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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