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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to the conditions laid down under Section 480(3) of the BNSS.

Summary

The petitioner, Jitendra Kumar, was arrested in connection with a kidnapping case (Ara Nawada P.S. Case No. 205 of 2025) alleging offences under Sections 140(3), 352, 351(2) and 3(5) of the BNS. The prosecution’s case linked him to the abduction of the victim, Sonu Kumar, based mainly on the victim’s statement that the petitioner was driving the vehicle used in the kidnapping. The petitioner’s counsel argued that his name appeared only in the victim’s statement, there was no material evidence or recovery against him, he had no prior criminal record, and the co‑accused had already been denied bail. The State and the victim’s counsel contended that the petitioner was present throughout the abduction and was aware of the offences. After considering the lack of incriminating evidence, the petitioner’s clean antecedent, the charge sheet filing, and the conditions under Section 480(3) of the BNSS, the court ordered his release on bail with a bond of Rs.10,000 and specific surety and attendance conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite the allegations of involvement in kidnapping and related offences.
  • Whether the evidence on record sufficiently links the petitioner to the commission of the offences.
  • Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the grant of bail.

Legislation cited

  • BNS — s. 140(3), 3(5), 351(2), 352
  • BNSS — s. 480(3)

Subjects

  • bail
  • kidnapping
  • criminal procedure
  • Section 140(3)
  • Section 352
  • Section 351(2)
  • Section 3(5)
  • Section 480(3)
  • clean antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75811 of 2025
                    Arising Out of PS. Case No.-205 Year-2025 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Jitendra Kumar S/O Jang Bahdaur Yadav Resident of Village- Bahiro, P.S.-
                 Ara Nawada, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Ajay Kumar Singh, Adv.
                 For the State           :       Mr.Ram Sevak Choudhary, APP
                 For the Victim          :       Mr. Binay Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   21-01-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the victim and learned APP for the State.

                                 2. In the present case, the petitioner seeks bail in

                   connection with Ara Nawada P.S. Case No. 205 of 2025,

                   registered for the offences under Sections 140(3), 352, 351(2),

                   3(5) of the BNS.

                                 3. As per the prosecution case, one Sonu Kumar was

                   abducted by the FIR named co-accused persons and name of the

                   petitioner      subsequently      transpired      in    this    case     during

                   investigation.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submits that the name of the petitioner came up for

                   the first time in the statement of the victim recorded by the
Patna High Court CR. MISC. No.75811 of 2025(3) dt.21-01-2026
                                            2/4




          police wherein he stated that the petitioner has been driving the

          vehicle in which he was abducted by other co-accused persons.

          Learned counsel further submits that during investigation it has

          come on record that the victim and one Shubham Kumar were

          business partners and they suffered loss in their business and co-

          accused Shubham Kumar demanded compensation from the

          victim. There is no specific allegation against the petitioner who

          was not apprehended from the spot and nothing incriminating

          has been recovered from person or possession of the petitioner.

          The petitioner has no connection with the victim Sonu Kumar.

          The prosecution story is also not believable that the victim

          himself went to the house of the informant telling him that he

          has been kidnapped for five days. Learned counsel further

          submits that petitioner is having clean antecedent and he is in

          custody since 04.06.2025. Charge sheet has been submitted.

                       5. Learned APP appearing for the State and learned

          counsel for the victim oppose the submission made on behalf of

          the petitioner. Learned counsel for the victim submits that the

          during investigation it has come on record that petitioner was all

          along present when the victim was taken to a number of places

          being driven by the petitioner and he was knowing about what

          offences are being committed. Learned counsel further submits
Patna High Court CR. MISC. No.75811 of 2025(3) dt.21-01-2026
                                            3/4




          that the informant was also in collusion with the accused

          persons. The prayer for bail of the similarly placed co-accused

          persons namely Rohit Kumar in Cr. Misc No. 69337 of 2025,

          Suman Shukla in Cr. Misc. No. 69228 of 2025 and Sanjay

          Kumar in Cr. Misc. No. 69683 of 2025 was rejected by a Co-

          ordinate Bench vide a common order dated 19.12.2025.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          background of dispute and also considering the nature of

          allegation against the petitioner and his clean antecedent, period

          of custody and submission of charge sheet, the petitioner is

          directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

          of the like amount each to the satisfaction of learned C.J.M.,

          Bhojpur at Ara/concerned court, in connection with Ara Nawada

          P.S. Case No. 205 of 2025, subject to the condition laid down

          under Section 480(3) of the BNSS and other following

          conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioner.

                                  (ii) The petitioner will remain present on

                                  each and every date fixed by the court
             Patna High Court CR. MISC. No.75811 of 2025(3) dt.21-01-2026
                                                         4/4




                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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