Patna High Court
Sajan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail to the petitioners, finding the nature and gravity of the kidnapping allegations warrant continued custody.
Summary
The petitioners, Sajan Sharma and Chulindar Sharma, were arrested in connection with a kidnapping case (PS Case No. 311 of 2025) under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the informant's daughter was kidnapped and that the petitioners, along with other co‑accused, were involved in the abduction with an intention to sell her, as recorded in the victim's statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners contended that they were not named in the FIR, that there was a 17‑day delay in lodging the FIR, and that the victim had voluntarily gone with petitioner No. 1, asserting their innocence and lack of criminal antecedent. The State opposed bail, emphasizing the specific allegations, the victim's testimony, and the seriousness of the offence. The High Court, considering the nature and gravity of the accusations, refused to grant bail and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 in a kidnapping case.
- Whether the delay in filing the FIR and the petitioners not being named in the FIR affect the grant of bail.
- Whether the victim's statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is sufficient to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96
Subjects
- bail
- kidnapping
- Section 137(2) BN S 2023
- Section 96 BN S 2023
- Section 183 BNSS 2023
- criminal procedure
- trial expedite
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79782 of 2025
Arising Out of PS. Case No.-311 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
1. Sajan Sharma S/O Ram Narayan Sharma R/O Village- Bakhmandal, P.O-
Bakhmandal, P.S- Baheri, Distt.- Darbhanga, 847105.
2. Chulindar Sharma @ Sulindar Sharma @ Surender Sharma S/O Ravi
Sharma R/O Ward No.-10, Village- Bandihuli, P.O- Arga, P.S- Baheri, Distt.-
Darbhanga, 847105.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners, learned
APP for the State and perused the case diary.
2. The petitioners seek bail in connection with Biraul
P.S. Case No. 311 of 2025, instituted for the offences punishable
under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that daughter of
the informant went to school and did not return. It is further
alleged that later on the informant got an information that his
daughter has been kidnapped.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.79782 of 2025(3) dt.11-02-2026
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Learned counsel for the petitioners also submitted that the
petitioners are not named in the FIR. Name of these petitioners
have transpired in this case during investigation. It is next
submitted that there is delay of 17 days in lodging the FIR. It is
submitted that the victim and petitioner no. 1 were in
relationship which clearly demonstrates that the victim had
voluntarily gone with him on her own will. It is further
submitted that the petitioners have not committed any offence as
alleged in the FIR. The petitioners are in custody since
17.09.2025 and have got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners and has submitted
that there is specific allegation against the petitioners and other
co-accused person of kidnapping the victim. It is further
submitted that the victim has levelled specific allegation against
the petitioners and other co-accused person in her statement
recorded under Section 183 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and she has also stated that they had kidnapped
her with an intention to sell her. It has also been stated by the
victim in her statement that the accused persons had done the
same thing with three other girls. Hence, the petitioners do not
deserve the privilege of bail.
Patna High Court CR. MISC. No.79782 of 2025(3) dt.11-02-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioners.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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