Patna High Court
Sangita Kumari @ ChotiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Sangita Kumari, was arrested on 14‑04‑2025 in connection with a kidnapping case (PS‑73/2025) and charged under several sections of the Indian Penal Code and the B.N.S. The prosecution’s case is based primarily on the confessional statements of a co‑accused, Ranjit Patel, and there is no direct evidence linking the petitioner, who is not named in the FIR. The petitioner argued that she has a clean antecedent and was falsely implicated. The State and the informant opposed bail, citing the seriousness of the offences. The Court, noting the lack of direct material, the petitioner’s clean record, and that her name emerged only from co‑accused statements, granted bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences charged.
- Whether the reliance on confessional statements of a co‑accused suffices to justify continued detention.
Legislation cited
- B.N.S. — s. 137(2), 140(2), 140(3), 61(2)
- Indian Penal Code — s. 111, 120B, 308(5), 363, 364A, 365, 386
Subjects
- bail
- kidnapping
- confessional statement
- co‑accused
- clean antecedent
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69280 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- AIRPORT District- Patna
======================================================
Sangita Kumari @ Choti D/o Late Umesh Prasad R/o Village- Saure, P.S.-
Ben, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the State : Mr.Ahmad Ali, A.P.P.
For the Informant : Mr. Aayush Abhishek, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 19-03-2026 Heard Mr.Ajay Mukherjee, learned counsel for the
petitioner and Mr. Ahmad Ali, learned Additional Public
Prosecutor for the State and Mr. Aayush Abhishek, learned
counsel for the informant.
2. Petitioner seeks bail who is in custody since
14.04.2025 in connection with Hawai Adda P.S. Case No. 73 of
2025, F.I.R. dated 13.04.2025 for the offences punishable under
Sections 137 (2) (363 I.P.C), 140 (3) (365 I.P.C), 61 (2) (120B
I.P.C) of B.N.S and subsequently Sections 140 (2) (364A I.P.C),
111, 308 (5) (386 I.P.C) of B.N.S.
3. According to prosecution case, informant’s sister-
in-law’s husband was kidnapped by some unknown persons.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.69280 of 2025(3) dt.19-03-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. Learned counsel for the petitioner
submits that petitioner is not named in the F.I.R, the name of the
petitioner transpired during the course of investigation on the
basis of confessional statement of co-accused persons namely
Ranjit Patel. Except the aforesaid, there is no cogent material
available on record, which suggest the involvement of the
petitioner in the alleged occurrence. Police after investigation
has submitted charge sheet. The petitioner is in custody since
14.04.2025.
5. The learned Additional Public Prosecutor as well as
learned counsel for the informant has vehemently opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has a clean antecedent, petitioner is not named in the
F.I.R and his name transpired on the basis of the confessional
statement of apprehended co-accused persons, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate-IV, Patna/court concerned, Patna in connection with
Hawai Adda P.S. Case No. 73 of 2025, subject to the following
Patna High Court CR. MISC. No.69280 of 2025(3) dt.19-03-2026
3/3
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
vashudha/-
U T
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