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Patna High Court

Sangita Kumari @ ChotiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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