Patna High Court

Nirbhay Kumar @ Nirbhay SinghversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

In the absence of any incriminating material and with the victim not naming the petitioner, the Court held that bail must be granted.

Summary

The petitioner, Nirbhay Kumar, was implicated in a kidnapping‑for‑ransom case (Section 364A/34 IPC) based solely on a confessional statement of a co‑accused. No incriminating material was recovered from him and the victim, after being rescued, did not identify him, naming only three other persons. The petitioner applied for bail, asserting clean antecedents and that further custodial interrogation was unnecessary as the investigation was complete. The Additional Public Prosecutor opposed bail but could not refute the factual submissions. The Court, noting the lack of direct evidence and the victim’s non‑identification, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the BNSS.

Issues considered

Whether bail should be granted when the only link to the petitioner is a co‑accused’s confessional statement.
Whether the investigation being concluded negates the need for custodial interrogation of the petitioner.
Whether Section 482(2) of the BNSS permits the grant of bail in the present circumstances.

Legislation cited

Indian Penal Code — s. 34, 364A

Subjects

kidnapping
ransom
bail
confessional statement
Section 364A IPC
Section 34 IPC
Section 482 BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34592 of 2025
                   Arising Out of PS. Case No.-195 Year-2021 Thana- SHAMBHUGANJ District- Banka
                 ======================================================
                 Nirbhay Kumar @ Nirbhay Singh S/O Bhola Prasad Singh, R/O Village-
                 Mahimachak, Gangta, P.S- Gangta, Distt.- Munger.         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar.                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sanju Singh, Advocate
                 For the Opposite Party/s :     Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   20-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                    2. The accused/petitioner apprehending his arrest in

                   connection with Shambhuganj P.S. Case No.                    195 of 2021

                   registered for the offences punishable under Section 364(A)/34 of

                   the Indian Penal Code.

                                3. As per FIR, six unknown miscreants boarded in

                   Scorpio vehicle came and abducted the son of the informant and,

                   subsequently, demanded Rs. 70 lacs as ransom for releasing his

                   son.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the name of this petitioner transpired

                   during the course of investigation on the basis of confessional

                   statement of co-accused Chandan Kumar, in furtherance of which
Patna High Court CR. MISC. No.34592 of 2025(4) dt.20-01-2026
                                            2/3




          till now nothing incriminating recovered from the possession of this

          petitioner. It is pointed out that the victim child after recovery

          failed to name this petitioner rather named only three persons i.e.

          Bihari, Rajesh and Chandan. It is pointed out that similarly

          situated co-accused person, namely, Rajeev Singh has already

          been granted bail by one of the learned co-ordinate Bench of this

          Court through Cr. Misc. No. 24265 of 2025 dated 14.11.2025.

          Arguing further, it is submitted that investigation of this case is

          already concluded on all material aspects and, therefore, custodial

          interrogation of this petitioner not appears required. Petitioner

          claimed clean antecedent.

                       5. Learned APP while opposing the prayer of bail could

          not disputed the aforesaid factual submissions.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as the victim failed to name this petitioner after

          recovery, coupled with the fact that except suspicion arising out of

          confessional statement of co-accused prima facie nothing

          incriminating appears against this petitioner, accordingly, above

          named petitioner, in the event of his arrest or surrender before the

          learned trial Court, within a period of four weeks of the order, is

          directed to be released on bail furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount each
              Patna High Court CR. MISC. No.34592 of 2025(4) dt.20-01-2026
                                                          3/3




                        to the satisfaction of the learned Additional Sessions Judge-IV,

                        Banka/concerned Court, where the case is pending in connection

                        with Shambhuganj P.S. Case No. 195 of 2021 subject to the

                        conditions as laid down under Section 482(2) of the BNSS.




                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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