Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Sonu Kumar was named in an FIR for kidnapping and extortion offences under Sections 127(2), 308(2), 308(4), 308(5) and 3(5) of the Bhartiya Nyay Sanhita, 2023. The FIR alleged that co‑accused kidnapped the victim and brought him to the petitioner’s house to demand Rs. 50,000. The petitioner contended that he did not partake in the actual kidnapping, did not raise any alarm, and has a clean antecedent, arguing that the case is false and motivated by a monetary dispute. The State opposed the grant of anticipatory bail. The Court, noting the petitioner’s lack of participation in the kidnapping and his clean record, held that anticipatory bail could be granted subject to conditions. Accordingly, the petitioner was ordered to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482 B.N.S.S. in view of the allegations under the Bhartiya Nyay Sanhita.
- Whether the petitioner participated in the kidnapping and extortion alleged in the FIR.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 127(2), 308(2), 308(4), 308(5), 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- kidnapping
- extortion
- anticipatory bail
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42895 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Sonu Kumar Son of Nageshwar Mistri Resident of Village- Pachaut, P.S.-
Beldaur, District- Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Prakash, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Beldaur P.S. Case
No. 224 of 2025 registered for the offences punishable under
Sections 127(2), 308(2), 308(4), 308(5) & 3(5) of the Bhartiya
Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, all the co-accused persons kidnapped the
informant/victim and taken him to the house of this petitioner
and demanded extortion money of Rs. 50,000/-.
4. Learned counsel appearing on behalf of the petitioner
submitted that admittedly the petitioner was not involved in
actual kidnapping. It is submitted that the actual occurrence of
kidnapping was taken place in busy market, but no alarm was
raised by this petitioner. It is also not the case of the prosecution
Patna High Court CR. MISC. No.42895 of 2026(2) dt.08-07-2026
2/3
that the informant/victim was under threat of life at the time of
actual occurrence of kidnapping. It is submitted that due to
monetary dispute of Rs. 50,000/-, the present false case was
lodged due to oblique motive. It is further submitted that two
unknown persons said to drop the informant/victim near to
primary health centre, which also creates a doubt qua
implication of this petitioner. It is argued that petitioner is a man
of clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as petitioner prima facie not appears
indulged in actual occurrence of kidnapping, rather for a while
the informant/victim was alleged to brought at the house of the
informant, which is a joint family house, occupied by different
adult family members, moreover, petitioner is a man of clean
antecedent, accordingly, above-named petitioner, in the event of
his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate - 1st Class, Khagaria/concerned court in connection
Patna High Court CR. MISC. No.42895 of 2026(2) dt.08-07-2026
3/3
with Beldaur P.S. Case No. 224 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.