Patna High Court
Baban Choudhary @ Baban KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties and specified conditions.
Summary
The petitioner, Baban Choudhary, was arrested in connection with a case involving alleged kidnapping, kidnapping for ransom, attempted murder, forgery and criminal conspiracy under Sections 364, 364A, 368, 467 and 120B of the IPC. The prosecution alleges that the petitioner, along with others, assaulted an informant after a contempt proceeding and demanded a ransom of Rs. 40 lakh. The petitioner contended that the allegations were vague, the injuries were superficial, he had no prior criminal record and that co‑accused had already been released on bail. The State opposed bail, citing the seriousness of the offences and the petitioner’s continued custody since 15‑08‑2025. The High Court, after considering the facts, granted bail on a Rs. 10,000 bond with two sureties and imposed several conditions, including personal appearance at each trial date and verification of antecedents. The order expressly stated that the observations would not affect the trial and the application was allowed.
Issues considered
- Whether bail should be granted in a case involving serious offences under Sections 364, 364A, 368, 467 and 120B of the IPC.
- Whether the allegations against the petitioner are sufficiently specific to justify continued detention.
- Whether the petitioner’s lack of prior criminal record and the bail of co‑accused warrant release.
- Whether the conditions imposed are appropriate to ensure the petitioner’s cooperation with the investigation and trial.
Legislation cited
- Indian Penal Code — s. 120B, 364, 364A, 368, 467
Subjects
- bail
- kidnapping
- kidnapping for ransom
- criminal conspiracy
- IPC
- high court
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73741 of 2025
Arising Out of PS. Case No.-199 Year-2024 Thana- NOORSARAI District- Nalanda
======================================================
Baban Choudhary @ Baban Kumar, S/o Dashrath Prasad Choudhary, R/o
Village - Adampur, P.S. - Giriyak, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shree Kant Vaidya, Adv.
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 09-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Noorsarai P.S. Case No. 199 of 2024 registered
for the offence(s) punishable under Section(s) 364, 364(A), 368,
467 and 120(B) of the Indian Penal Code.
3. As per the prosecution case, the informant has
alleged that he was a petitioner in a contempt proceeding and
when he came out from the premises of the High Court, the
named accused persons including the petitioner picked the
informant and forcibly took him in the Scorpio vehicle and later
dragged him out and assaulted him brutally and had threatened
him to return Rs. 40,00,000/-, which was given for obtaining
government job.
Patna High Court CR. MISC. No.73741 of 2025(3) dt.09-01-2026
2/3
4. The learned counsel for the petitioner submits
that the petitioner is innocent and has falsely been implicated in
this case on some personal dispute. It has further been
submitted that the allegation leveled against the petitioner is
general and omnibus and from the perusal of the injury report, it
would be evident that the injury are superficial and no grievous
injury has been sustained by the informant. It has also been
submitted that co-accused persons, namely, Dharmveer Kumar,
Pawan Kumar Choudhary, Rahul Kumar, Suryamani Paswan,
Kaushal Kumar and Manish Kumar have all been granted bail
by the learned Court below. It has lastly been submitted that the
petitioner carries no criminal antecedent and he is in custody
since 15.08.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 15.08.2025, let the petitioner, above-
named, be released on bail on his furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Noorsarai
Patna High Court CR. MISC. No.73741 of 2025(3) dt.09-01-2026
3/3
P.S. Case No. 199 of 2024, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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