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Patna High Court

Avinash Kumar @ Avinish kumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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