Patna High Court
Saddam KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail should be granted to the petitioners as the statutory requirements for denial were not met.
Summary
The Patna High Court heard three bail applications arising from the same police case (PS No. 63 of 2025) involving alleged kidnapping attempts. The petitioners – Saddam Khan, Gopal Kumar and Ajay Kumar Yadav – were charged under Sections 126(2), 115(2), 109(1), 137(2), 62 and 3/5 of the B.N.S. The prosecution argued that the accused were part of a masked gang that tried to abduct a child, while the defence contended that the FIR named unknown miscreants and the petitioners were implicated only on suspicion and later confessions. The court noted that a co‑accused, Kundan Yadav, had already been granted regular bail by a coordinate bench, and that the ingredients of Section 109(1) were not established. Considering the lack of concrete evidence and the precedent of bail to a similarly situated accused, the court ordered bail for all three petitioners subject to standard conditions.
Issues considered
- Whether the ingredients of Section 109(1) of the B.N.S. are satisfied to deny bail.
- Whether the mere suspicion and confessional statements are sufficient to justify continued detention.
- Whether the grant of bail to a co‑accused (Kundan Yadav) influences the bail application of the present petitioners.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 137(2), 3/5, 62
Subjects
- bail
- criminal procedure
- presumption of innocence
- kidnapping attempt
- suspicion
- co‑accused bail
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74173 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- RS P.S. District- Madhubani
======================================================
Saddam Khan S/o- Nijamuddin Khan Village- Bhargama PS-Bheja District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 85349 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- RS P.S. District- Madhubani
======================================================
Gopal Kumar S/O Lakshmi Mahto R/O Village- Gangapur, P.S- Lakhnaur,
Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89085 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- RS P.S. District- Madhubani
======================================================
Ajay Kumar Yadav S/O Videshi Yadav R/O vill.- Raja Kharwar, P.S.-
Sakatpur, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 74173 of 2025)
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
: Mr. Udeshya Kumar Yadav, Advocate
: Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 85349 of 2025)
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
(In CRIMINAL MISCELLANEOUS No. 89085 of 2025)
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
Patna High Court CR. MISC. No.74173 of 2025(5) dt.11-02-2026
2/4
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 11-02-2026 As these bail applications arise out of the same
police station case number, hence they are being heard together
and disposed of by this common order.
2. Heard learned counsels for the petitioners and
learned APP for the State.
3. The petitioners seek bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 109(1),
137(2), 62, 3/5 of the B.N.S.
4. As per the prosecution case, the informant
alleged that four masked miscreants in a silver Bolero car
attempted to kidnap the son of Dr. Satyadev outside his school.
5. Learned counsels for the petitioners submit that
the present First Information Report was lodged against four
unknown miscreants, who had come with masked faces for
kidnapping of the child but the informant somehow managed to
save the child from the same. It is further submitted that the
name of the petitioners has transpired during the course of
investigation in the confessional statement of Subhash Yadav,
Kundan Yadav and the self-confession of the present
petitioners. On behalf of petitioner Saddam Khan, it has been
argued that he was also put on T.I. parade but he was not
Patna High Court CR. MISC. No.74173 of 2025(5) dt.11-02-2026
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identified. Moreover, the ingredients of Section 109(1) of the
B.N.S. are not made out and implication of these petitioners are
only on the basis of suspicion. It has also been pointed out that
a similarly situated co-accused, Kundan Yadav has already
been granted the privilege of regular bail by a Co-ordinate
Bench of this Court vide order dated 22.01.2026 passed in Cr.
Misc. No.89039 of 2025. Saddam Khan (petitioner in Cr. Misc.
No.74173 of 2025), is in custody since 18.07.2025, Gopal
Kumar (petitioner in Cr. Misc. No.85349 of 2025) is in custody
since 18.07.2025 and Ajay Kumar Yadav (petitioner in Cr.
Misc. No. 89085 of 2025) is in custody since 30.09.2025 and
the charge-sheet having been submitted and cognizance being
taken.
6. Learned APP for the State opposed the bail
petition.
7. Taking into consideration the facts and
circumstances and the fact that similarly situated co-accused
has already been granted the privilege of regular bail by a Co-
ordinate Bench of this Court, let the above named petitioners,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned C.J.M.,
Patna High Court CR. MISC. No.74173 of 2025(5) dt.11-02-2026
4/4
Jhanjharpur/concerned Court below in connection with
Jhanjharpur (R.S) P.S. Case No. 63 of 2025 subject to condition
that:-
(i) One of the bailors will be their own blood
relative, preferably, father, mother, brother, sister and/or his
wife.
(ii) The petitioners shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, their bail bonds shall be liable to be cancelled by the
learned court concerned.
(Soni Shrivastava, J)
anand/-
U T
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