Patna High Court
Ajay ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Ajay Thakur, applied for bail in a case registered under Sections 103(1), 238 and 3(5) of the B.N.S., 2023, relating to the alleged kidnapping of a minor. The prosecution alleged that the informant's son was missing and that seven persons, including the petitioner, were involved. The petitioner’s counsel argued that his name does not appear in the FIR and that the only reference to him is in the confessional statements of co‑accused, which he claims are insufficient to deny bail. The State opposed the bail, citing the seriousness of the offences. After hearing both sides, the Court found no substantive material against the petitioner beyond the co‑accused statements and, considering his lack of criminal antecedents and custodial status, ordered that bail be granted upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the inclusion of his name in the confessional statements of co‑accused.
- Whether the allegations under Sections 103(1), 238 and 3(5) of the B.N.S., 2023 justify denial of bail.
Legislation cited
- B.N.S., 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- kidnapping
- B.N.S. 2023
- Sections 103, 238, 3(5)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.543 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- DUMARIYA District- Gaya
======================================================
Ajay Thakur S/O Kalej Thakur Resident of Village/Mohalla- Bahera, P.S.-
Imamganj, District- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Dumaria P.S. Case No. 34 of 2025 registered for the offence
punishable under Sections 103(1), 238, 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that the son of
the informant was missing on 20.04.2025 at 09:00 PM. The
informant has suspected that altogether seven persons have
kidnapped him.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that from perusal of the FIR, it
is clear that the name of this petitioner is not there in the FIR and
Patna High Court CR. MISC. No.543 of 2026(2) dt.05-02-2026
2/2
from perusal of the order of the learned trial court, it is clear that
the name of this petitioner has surfaced in the confessional
statement of co-accused namely, Chotu Kumar and Mithilesh
Kumar and in his own confessional statement. Save and except
the confessional statement, there is nothing against the petitioner.
He further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 24.04.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Sherghati at Gaya in connection
with Dumariya P.S. Case No. 34 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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