Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Saurav Kumar, was arrested in connection with a kidnapping of a minor under section 140(2) of the B.N.S. The prosecution's case rests solely on a confessional statement of a co-accused, Raja, who named the petitioner; no material was recovered, no TIP was conducted, and the victim's statement was not recorded. The petitioner argued innocence, highlighting the lack of substantive evidence and his prolonged judicial custody since 11 November 2024. The State opposed bail, citing a prior criminal case against the petitioner. After considering the weak evidentiary basis and the circumstances of the investigation, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the pending investigation and lack of substantive evidence.
- Whether a confessional statement of a co-accused is sufficient to justify denial of bail.
- Whether the petitioner's prior criminal antecedent warrants refusal of bail.
Legislation cited
- B.N.S. — s. 140(2)
Subjects
- regular bail
- kidnapping
- confessional statement
- co-accused
- criminal antecedent
- judicial custody
- Section 140(2)
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81086 of 2025
Arising Out of PS. Case No.-209 Year-2024 Thana- PURAINI District- Madhepura
======================================================
Saurav Kumar S/O Shri Uday Yadav @ Uday Yadav R/o Village- Purvi Fulaut
(Purbi Phulaut), P.S.- Fulaut, District-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 140(2) of
B.N.S.
3. The case of the prosecution is that one minor boy,
namely, Mayank Ranjan was kidnapped by unknown miscreants
from bus. The bus driver disclosed a number of one of the bikes
and has also disclosed that one of the other bike was not having
any number.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that during course of
investigation, one Raja was apprehended and he has given his
Patna High Court CR. MISC. No.81086 of 2025(4) dt.02-02-2026
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confessional statement and in his confessional statement, he has
named this petitioner. Save and except confessional statement of
co-accused, there is nothing against this petitioner. Nothing has
been recovered from his possession. From perusal of the diary, it
is clear that charge sheet was filed on 18.01.2025 whereas
supplementary investigation is still going on. From perusal of
the diary, it is also clear that in this case, no TIP was conducted
and even the statement of the victim has also not been recorded
by the police. As he is the best person who can disclose the
name of the person who had kidnapped him. Moreover, the
petitioner is languishing in judicial custody since 11.11.2024.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of one
case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Puraini P.S. Case No. 209 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Patna High Court CR. MISC. No.81086 of 2025(4) dt.02-02-2026
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Sessions Judge-VIII, Madhepura.
(Ashok Kumar Pandey, J)
Shubham/-
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