Patna High Court
Kashmir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Kashmir Kumar, was arrested in connection with a case registered under Sections 137(2), 308 and 3(5) of the Bihar Negotiable Instruments Act (B.N.S.) for allegedly demanding a ransom of Rs. 1,00,000. He claimed innocence, asserted that he had been falsely implicated, and highlighted his clean antecedent while having been in custody since 9 October 2025. The prosecution opposed his regular bail application. The court, after considering the facts, the petitioner’s cooperation, and his clean record, allowed the bail application. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the concerned court.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences under Sections 137(2), 308 and 3(5) of the B.N.S.
- Whether the petitioner’s clean antecedent and willingness to cooperate justify the grant of bail.
Legislation cited
- B.N.S. — s. 137(2), 308, 3(5)
Subjects
- bail
- regular bail
- B.N.S.
- Section 137(2)
- Section 308
- Section 3(5)
- criminal procedure
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3111 of 2026
Arising Out of PS. Case No.-353 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Kashmir Kumar Son of Dinesh Prasad Resident of Village - Bhagwati, P.S.-
Barachatti, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Barachatti P.S. Case No. 353/2025 registered for the offences
punishable under Section 137(2), 308, 3(5) of B.N.S.
3. As per the prosecution case, informant received a
call on his mobile and the caller claimed to have his son and
demanded Rs. 1,00,000/- as ransom.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Petitioner has clean antecedent and he is in
custody since 09.10.2025. The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.3111 of 2026(3) dt.25-03-2026
2/2
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 A.C.J.M.-II, Sherghati, Gaya
/concerned Court below in connection with Barachatti P.S. Case
No. 353/2025.
(Sandeep Kumar, J)
Vikas/-
U
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