Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied for the petitioner who refused the narco‑test, and provisional bail was granted to the petitioner who consented to undergo the narco‑test.
Summary
The High Court heard two bail applications arising from the same kidnapping case (Sadar Police Station Case No. 19 of 2025) under Sections 140(3) and 3(5) of the BNS. The first petitioner, Pankaj Kumar, had been in custody since 28‑03‑2025 and refused to undergo a narco‑test; the court therefore dismissed his bail application. The second petitioner, Rajesh Kumar Yadav, also in custody since 24‑03‑2025, offered to submit to the narco‑test, and the court granted him provisional bail for four weeks upon furnishing a bond of Rs.10,000 with two sureties. The court directed the investigating officer to arrange the narco‑test for the second petitioner. The orders reflect the court’s view that cooperation with forensic testing is a material factor in bail considerations.
Issues considered
- Whether bail should be granted to an accused who refuses to undergo a narco‑test under the BNS.
- Whether provisional bail can be granted to an accused who agrees to undergo a narco‑test pending investigation.
Legislation cited
- BNS — s. 140(3), 3(5)
Subjects
- bail
- narco test
- kidnapping
- provisional bail
- refusal to undergo test
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56233 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Pankaj Kumar S/O Nirmal Ray @ Late Nirmal Kumar Ray Resident of
Village- Gadhiya, PS- Darbhanga Sadar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58852 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Rajesh Kumar Yadav @ Rajesh Kumar Son of Mangal Yadav Resident of
Village- Gadhiya, Police Station- Sadar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 56233 of 2025)
For the Petitioner/s : Mr. P.N. Shahi, Sr. Adv.
Mr.Sumit Shekhar Pandey
For the Opposite Party/s : Mr.Amitesh Kumar
Mr. Jharkhandi Upadhyay
For the Informant : Mr. Girish Chandra Jha
(In CRIMINAL MISCELLANEOUS No. 58852 of 2025)
For the Petitioner/s : Mr. Hansraj
Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Tarun Prasad Mandal
For the Informant : Mr. Girish Chandra Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 27-02-2026 Re:-Criminal miscellaneous no. 56233 of 2025
Heard the parties.
2. The petitioner seeks bail in connection with Sadar
P.S. Case No. 19 of 2025 registered for the offence under
Patna High Court CR. MISC. No.56233 of 2025(7) dt.27-02-2026
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Sections 140(3)/3(5) of the BNS.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim.
4. The petitioner is in custody since 28.03.2025.
5. During investigation, materials have come to
connect him with the alleged crime and he has denied to
undergo Narco Test.
6. In these circumstances, this application is
dismissed.
Re:-Criminal Miscellaneous No. 58852 of 2025
7. Heard the parties.
8. The petitioner seeks bail in connection with Sadar
P.S. Case No. 19 of 2025 registered for the offence under
Sections 140(3)/3(5) of the BNS.
9. As per the prosecution case, the petitioner is
accused of kidnapping the victim.
10. The petitioner is in custody since 24.03.2025.
11. Learned counsel for the petitioner submits that the
petitioner is ready to undergo Narco Test.
12. In view of the aforesaid submission, the petitioner
is granted provisional bail for a period of four weeks from the
date of his release upon furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.56233 of 2025(7) dt.27-02-2026
3/3
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Darbhanga,
/concerned Court below in connection with Sadar P.S. Case No.
19 of 2025.
13. List this case after four weeks.
14. In the meantime, the I.O. of the case is directed to
get the Narco Test done.
(Sandeep Kumar, J)
Vikas/-
U
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