Patna High Court
Sushil Kumar @ Sushil PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail cannot be granted where the allegations involve kidnapping, ransom, and threats to life, as the seriousness of the offence outweighs the bail privilege.
Summary
The petitioner, Sushil Kumar, sought anticipatory bail after being implicated in a kidnapping and ransom case involving the sister of an informant. The prosecution alleged that the petitioner, along with others, abducted the informant’s sister on 19 July 2023, demanding Rs. 25,000 and jewellery, and threatened to kill her brother if the ransom was not paid. The petitioner contended that he was falsely implicated due to local political rivalry and had a clean record. The State opposed the bail, emphasizing the seriousness of the offences under Sections 363, 366 and 34 of the IPC. The court examined the victim’s statement and the gravity of the charges, concluding that granting anticipatory bail would be inappropriate. Consequently, the court rejected the petitioner’s anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged kidnapping, ransom demand, and threat to life under Sections 363, 366 and 34 IPC.
Legislation cited
- Indian Penal Code — s. 34, 363, 366
Subjects
- anticipatory bail
- kidnapping
- ransom
- IPC
- criminal procedure
- bail jurisprudence
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61340 of 2025
Arising Out of PS. Case No.-233 Year-2023 Thana- SONBERSA District- Sitamarhi
======================================================
Sushil Kumar @ Sushil Paswan S/o Chhotelal Paswan R/o vill - Bandarjhula,
P.s.- Sonbasa, Distt.- Sitamarhi, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Adv
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Sonbarsa P.S. Case No. 233 of 2023, registered for the
offence punishable under Sections 363, 366 and 34 of the IPC.
3. The case of the prosecution, in short, as per the
informant is that the marriage of his sister namely, Samrool
Khatoon was solemnized with one Md. Noore Alam Ansari in
the year 2017. She has two children. His brother-in-law lives
outside in connection with his livelihood. On 19.7.2023 at 4.00
A.M., his sister had gone outside for defecation but she did not
return. On search, the informant came to know that the accused
persons have kidnapped his sister with cash Rs. 25,000/- and
jewellery.
Patna High Court CR. MISC. No.61340 of 2025(3) dt.17-01-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case due to dirty local politics. Both the parties are co-
villagers and there is money dispute between them. The
petitioner has no concern with the alleged occurrence. He
further submits that the petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the serious allegation levelled against
the petitioner that he along with others had kidnapped the sister
of the informant with Rs. 25,000/- and jewellery . In 164
statement of the victim, the victim has stated that the petitioner
was involved in her kidnapping and was demanding ransom,
failing which the petitioner threatened to kill victim’s brother.
Under these circumstances, this Court is not inclined to grant
privilege of anticipatory bail to the petitioner.
7. Accordingly, the present anticipatory bail
application stands rejected.
(Alok Kumar Sinha, J)
kiran/-
U T
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