Patna High Court

Jaykant KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted bail to the petitioner, subject to a bond and surety conditions.

Summary

The petitioner, Jaykant Kumar, applied for bail in a criminal case (PS Case No. 800 of 2024) alleging kidnapping of an informant's son and a ransom demand, punishable under Section 140(2) of the B.N.S. The prosecution alleged his involvement, while the petitioner claimed innocence, clean antecedent, and that his name appeared only in a co-accused's confessional statement, not in the victim's statement under Section 161 CrPC. The victim’s statement under Section 183 of the B.N.S. had not been recorded, and the co-accused Chandan Kumar had previously been granted bail in a related matter. The State opposed bail, but the court, after considering the lack of a victim statement and the petitioner's clean record, ordered bail on a bond of Rs.10,000 with two sureties, subject to verification of any other criminal antecedents. The order also directed that bail bonds be rejected if the petitioner is found involved in other cases.

Issues considered

Whether bail should be granted to the petitioner under Section 140(2) of the B.N.S. in view of the alleged kidnapping and ransom offence.
Whether the absence of a victim's statement under Section 183 of the B.N.S. affects the bail decision.
Whether the petitioner's alleged implication solely through a co-accused's confessional statement warrants denial of bail.

Legislation cited

B.N.S. — s. 140(2), 183
Code of Criminal Procedure, 1973 — s. 161

Subjects

bail
kidnapping
ransom
false implication
Criminal Procedure Code
Section 140(2) B.N.S.
victim statement
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39294 of 2025
                   Arising Out of PS. Case No.-800 Year-2024 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Jaykant Kumar S/o Rambhajan Yadav @ Rambhajan Kumar Resident of
                 Village Fulkaha, P.S.- Gamharia, Distt- Madhepura ... ... Petitioner/s


                                                      Versus
                 The State of Bihar                                     ... ... Opposite Party/s


                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shiva Shankar Sharma, Adv.
                 For the Opposite Party/s :       Sri Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section-140(2) of the B.N.S.

                                3. As per prosecution case, the accused persons

                   kidnapped the son of the informant and demanded a ransom of

                   Rs. 10 lakhs.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and he has falsely been implicated

                   in this case. He is a person of clean antecedent. Learned counsel

                   for the petitioner has further submitted that the name of the

                   petitioner has figured in confessional statement of co-accused

                   Chandan Kumar who has been granted bail by a co-ordinate

                   bench of this court in Cr. Misc. No. 6457 of 2025. It has also
            Patna High Court CR. MISC. No.39294 of 2025(4) dt.05-01-2026
                                                        2/2




                      been submitted that the victim Rohit Kumar did not name the

                      petitioner in his statement recorded under Section 161 of the

                      Cr.P.C.

                                   5. In pursuance of the order dated 01-11-2025, a

                      report has been received from the court below and from perusal

                      of that report, it appears that statement of the victim under

                      Section 183 of the BNSS has not been recorded.

                                   6. On the other hand, Sri Shailendra Kumar, learned

                      APP for the State has opposed the prayer for bail.

                                   7. Considering the aforesaid facts and circumstances,

                      let the petitioner named above, be released on bail on furnishing

                      bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned Chief Judicial

                      Magistrate,       Madhepura in connection with Madhepura P.S.

                      Case No. 800 of 2024.

                                   8. Before accepting the bail bonds, the criminal

                      antecedent of the petitioner shall be verified and if, it is

                      found that he is involved in any other case except the present

                      case, his bail bonds shall not be accepted.

                                             (Nawneet Kumar Pandey, J)
A.K.V.//-
U       T

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