Patna High Court
Avinash Kumar @ Avinish kumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the court found sufficient evidence of kidnapping for ransom.
Summary
Avinash Kumar was arrested in connection with a case registered under Sections 363 and 365 of the Indian Penal Code for allegedly kidnapping an 11‑year‑old boy for ransom. The petitioner applied for bail, claiming that the allegations were based only on suspicion and that the incident did not constitute kidnapping. The court noted that the victim’s statements recorded under Sections 161 and 164 of the Criminal Procedure Code, along with the testimony of multiple witnesses, supported the charge of kidnapping for ransom. Considering the seriousness of the offence and the material evidence, the court was not inclined to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether the petitioner is entitled to bail in a kidnapping for ransom case under Sections 363 and 365 IPC
- Whether the evidence on record establishes the offence of kidnapping
- Whether the petitioner's claim of mere suspicion is sufficient to merit bail
Legislation cited
- Criminal Procedure Code — s. 161, 164
- Indian Penal Code — s. 363, 365
Subjects
- bail
- kidnapping
- ransom
- IPC
- CrPC
- minor
- suspicion
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34485 of 2026
Arising Out of PS. Case No.-9 Year-2024 Thana- MANSI RAIL P.S. District- Khagaria
======================================================
Avinash Kumar @ Avinish kumar S/O Bipin Yadav Resident of village -
Rajajan, P.S- Mansi, District - Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Hafiz Shahbaz Arif, Advocate
For the State : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Mansi Rail P.S. Case No.09 of 2024 registered for the offence
punishable under Sections 363 and 365 of the Indian Penal
Code.
3. The petitioner is accused of kidnapping a
minor boy, who is aged about 11 years. The petitioner is in
custody since 06.05.2024.
4. Learned counsel for the petitioner has
submitted that it is not a case of kidnapping. He further submits
that the petitioner has been implicated in this case only on the
basis of suspicion.
5. The victim is 11 year old boy. During
Patna High Court CR. MISC. No.34485 of 2026(2) dt.07-07-2026
2/2
investigation, the role of the petitioner has come in the
kidnapping of the victim boy and the kidnapping was for
ransom. The statement of the victim boy recorded under
Sections 161 and 164 of the Cr. P.C. supports the kidnapping. In
the trial, almost all the witnesses have been examined.
6. In view of the aforesaid, I am not inclined to
grant bail to the petitioner. Accordingly, this bail application is
rejected.
(Sandeep Kumar, J)
pawan/-
U T
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