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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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