Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioner, Amit Kumar, was arrested in connection with a kidnapping and ransom case (Bahadurpur P.S. Case No. 330 of 2025) under Sections 140(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He had been in custody since 10 October 2025 and claimed innocence, contending that his co‑accused had already been granted regular bail by a coordinate bench. The State opposed his bail application. The Court examined the facts, the nature of the offences, the petitioner’s custody period, and the precedent of bail granted to the co‑accused. Finding no compelling reason to deny bail, the Court allowed the regular bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- What is the applicability of regular bail under Sections 140(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 to the petitioner?
- Whether the petitioner’s continued custody and the grant of bail to the co‑accused justify denial of bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 140(3), 3(5)
Subjects
- regular bail
- kidnapping
- ransom
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4314 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Amit Kumar Son of Suresh Sharma Resident of Village- Rasalpur, P.S.-
Alipur, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar
For the Opposite Party/s : Ms. Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Badadur P.S. Case No. 330 of 2025 registered for the offence
under Section(s) 140(2), 140(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner and co-
accused Amit Kumar @ Aryan Raj are alleged to have
kidnapped the victim and demanded a ransom of Rs. 2 lakh.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 10.10.2025. He further submits
that co-accused Amit Kumar @ Aryan Raj has been granted
regular bail by a co-ordinate Bench of this Court vide Cr. Misc.
Patna High Court CR. MISC. No.4314 of 2026(3) dt.25-03-2026
2/2
No. 11290 of 2026 on 24.02.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bahadurpur P.S.
Case No. 330 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.