Patna High Court
Sahid Raja @ Guddu @ Shahid RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was granted to the petitioner.
Summary
The petitioner, Sahid Raja, was arrested in connection with a kidnapping case (Mirganj P.S. Case No. 342/2025) under Sections 137(2) and 96 of the B.N.S. The prosecution alleged that he and others kidnapped the victim, but the victim’s statement recorded under Section 180 of the B.N.S.S. identified other persons as the perpetrators. The petitioner claimed innocence, asserted that he has only one prior criminal record, and had been in custody since 04‑08‑2025. He applied for regular bail, undertaking to cooperate with the trial, while the State and the informant opposed the relief. Considering the facts, the lack of direct evidence against the petitioner and his antecedents, the Court allowed the bail application, directing his release on a bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether regular bail should be granted to the accused in a kidnapping case under Sections 137(2) and 96 of the B.N.S. given the evidence and the petitioner’s antecedents
- Whether the victim’s statement exonerating the petitioner is sufficient to justify bail
Legislation cited
- B.N.S. — s. 137(2), 96
Subjects
- bail
- kidnapping
- regular bail
- B.N.S.
- Section 137(2)
- Section 96
- sureties
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2810 of 2026
Arising Out of PS. Case No.-342 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Sahid Raja @ Guddu @ Shahid Raja S/O Sharif Mansuri @ Mahammad Sarif
Permanent Resident of Village- Murarpatti, P.S- Nautan, Distt- Siwan at
present Resident of village- Bhojhata, P.S.- Mirganj, Distt.- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shila Devi W/O Santosh Singh R/O Ekdanga Bazar, P.S- Mirganj, Distt.-
Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 16-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with
Mirganj P.S. Case No. 342/2025 registered for the offences
punishable under Sections 137(2) and 96 of the B.N.S.
3. As per the prosecution case, petitioner and others
are alleged of kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the victim in her statement
recorded under Section 180 B.N.S.S. has stated that she was
Patna High Court CR. MISC. No.2810 of 2026(4) dt.16-04-2026
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kidnapped by one Rehmuddin Ansari and Smile Ansari. Learned
counsel further submits that petitioner has one criminal
antecedent and he is in custody since 04.08.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State as well as learned
counsel for the informant have jointly opposed the prayer for
regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-Vith-cum- Special Judge, POCSO, Gopalganj /concerned
Court below in connection with Mirganj P.S. Case No.
342/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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