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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                            2/3




          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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