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Patna High Court

Lochan Kumar @ Lochan Kumar Sah @ Ramlochan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in view of the lack of incriminating material against the petitioner and the prolonged custody, bail should be granted subject to conditions.

Summary

The petitioner, Lochan Kumar, sought bail in a case (Nirmali P.S. Case No. 18 of 2025) involving alleged kidnapping and ransom offences under Sections 140(1), 140(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner participated in demanding a Rs.30,000 ransom for the informant's son, who was allegedly in the accused's custody. The petitioner contended that he was falsely implicated, not named in the FIR, and that the only allegation against him stemmed from a co‑accused’s confessional statement, which he claimed lacked evidentiary value; no incriminating material was found on him. The State opposed bail, while the petitioner highlighted his prior bail in other cases and the grant of anticipatory bail to a co‑accused. Considering the absence of direct evidence, the petitioner’s prolonged custody since 12‑02‑2025, and the nature of the allegations, the Court inclined to grant bail with a bond of Rs.15,000 and two sureties, imposing conditions of family surety and mandatory appearance. The bail was ordered subject to cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
  • Whether the confessional statement of a co‑accused provides sufficient basis to keep the petitioner in custody
  • Whether the petitioner’s prior criminal antecedents affect the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • kidnapping
  • ransom
  • anticipatory bail
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80388 of 2025
                        Arising Out of PS. Case No.-18 Year-2025 Thana- NIRMALI District- Supaul
                 ======================================================
                 Lochan Kumar @ Lochan Kumar Sah @ Ramlochan Sah Son of Shivjee Sah
                 R/o Village - Narhi, PS - Andhramath, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :        Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Nirmali P.S. Case No. 18 of 2025, instituted for the offences

                   punishable under Sections 140(1), 140(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that son of the

                   informant was called by Vikash Kumar Chowdhury and others.

                   It is further alleged that Rs. 30,000/- was demanded as ransom

                   from the informant as the son of the informant was in the

                   custody of the accused persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.80388 of 2025(3) dt.11-02-2026
                                            2/3




          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner is not named in the FIR. Name

          of the petitioner has transpired in this case on the basis of

          confessional statement made by co-accused, namely, Mukesh

          Kumar and the same has got no evidentiary value. It is next

          submitted that no specific allegation has been attributed against

          the petitioner rather the same is general and omnibus in nature.

          The petitioner is in custody since 12.02.2025 and has got three

          criminal antecedents in which he is on bail. Learned counsel for

          the petitioner further submits that other co-accused has been

          granted anticipatory bail by a Co-ordinate Bench of this Court

          vide order dated 16.07.2025 passed in Cr. Misc. No. 44954 of

          2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing
             Patna High Court CR. MISC. No.80388 of 2025(3) dt.11-02-2026
                                                         3/3




                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Nirmali P.S. Case

                       No. 18 of 2025, subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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