Patna High Court
Indal RamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court denied bail to the petitioner.
Summary
Indal Ram was arrested in connection with a kidnapping case where a teacher, Dilip Kumar, was rescued after police action that resulted in gunfire. The prosecution’s case relies on a confessional statement by co-accused Prabhat Kumar and investigative findings linking the petitioner to the crime. The petitioner contended that he was falsely implicated and that the FIR contains no specific allegation against him, seeking bail. The State opposed bail, citing the confessional statements and prior denial of bail in related matters. The court, noting the seriousness of the offences under the B.N.S. and Arms Act and the lack of substantive evidence beyond co-accused statements, refused the bail application.
Issues considered
- Whether bail should be granted to the petitioner in a kidnapping and arms possession case based primarily on confessional statements of co-accused.
Legislation cited
Subjects
- bail
- kidnapping
- confessional statement
- Arms Act
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3888 of 2026
Arising Out of PS. Case No.-676 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Indal Ram S/o Ram Bahal Ram Resident of Village- Belauri (Barej), P.S.-
Mohania, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-04-2026 Heard Mr. Tribhuwan Narayan, learned counsel for
the petitioner, and Mr. Bhanu Pratap Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
31.08.2025, in connection with Sasaram (N) P.S. Case No. 676
of 2025, F.I.R. dated 23.08.2025 registered for the offences
punishable under Sections 109(2), 132, 127(2), 3(5) of the
B.N.S. and Section 25(1-b)(a), 26, 27, 35 of the Arms Act.
3. The prosecution case, in short, is that the
informant received a secret information that a teacher, namely,
Dilip Kumar was kidnapped and kept at the house of some
Akhilesh kumar at place called Takia. After receiving of
information, Superintendent of Police, Rohtas along with other
police personnel reached at the place where Dilip Kumar was
Patna High Court CR. MISC. No.3888 of 2026(3) dt.09-04-2026
2/3
kept. The kidnappers after seeing the police opened fired. In
defence, police party also opened fire leading to gunshot injury
to two culprits, namely, Prabhat Kumar @ Sonu and one Suresh
Ram. The police team also arrested two other kidnappers,
namely, Ramashish Sharma and one Indal Ram (petitioner). All
the apprehended accused persons were sent to the Sadar
Hospital, Sasaram for medical aid. The said Dilip Kumar was
recovered from the house of Akhilesh Kumar. The F.S.L. team
reached the place of occurrence and country made pistols, fired
cartridges and other things were recovered.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and he has been falsely implicated in
the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R. He further
submits that although the petitioner is named in the F.I.R. but
there is no specific allegation against the petitioner.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the name of the petitioner has been transpired on
the basis of confessional statement of co-accused person,
namely, Prabhat Kumar and apart from that it has come during
Patna High Court CR. MISC. No.3888 of 2026(3) dt.09-04-2026
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investigation that the petitioner was involved in the present
crime in question and similarly situated co-accused persons,
namely Ramashish Sharma and Prabhat Kumar who have
confessed the name of the petitioner, regular bail of the
petitioners have been rejected by a Coordinate Bench of this
Court vide order dated 24.02.2026 passed in Cr. Misc. No. 3886
of 2026 and Cr. Misc. No. 5445 of 2026.
6. Considering the aforesaid facts and circumstances
of the case, I am not inclined to enlarge the petitioner on bail in
connection with Sasaram (N) P.S. Case No. 676 of 2025
pending in the Court of learned Chief Judicial Magistrate,
Rohtas at Sasaram.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
U
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