Patna High Court
Lochan Kumar @ Lochan Kumar Sah @ Ramlochan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 140(1), 140(2), 3(5)
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
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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
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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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