Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted bail to the petitioner subject to stipulated conditions.
Summary
Raja Kumar petitioned for bail in Sessions Trial No. 138 of 2025 concerning an alleged kidnapping of a minor, charged under Section 140(2) of the B.N.S. Act. The prosecution’s case is based on a forced confessional statement, with the petitioner not named in the FIR, no incriminating material recovered, and the victim’s supplementary affidavit omitting his name. The petitioner argued false implication, lack of a TIP, and highlighted that a co‑accused had already been granted bail. The State opposed the bail application. The Court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed specific conditions, noting that the order’s observations would not affect the trial.
Issues considered
- Whether bail should be granted to the accused under Section 140(2) of the B.N.S. Act given the alleged forced confession and lack of substantive evidence.
Legislation cited
- B.N.S. Act — s. 140(2)
Subjects
- bail
- forced confession
- kidnapping
- Section 140(2)
- B.N.S. Act
- criminal antecedent
- surety
- trial conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81663 of 2025
Arising Out of PS. Case No.-209 Year-2024 Thana- PURAINI District- Madhepura
======================================================
Raja Kumar Son of Nirbhaya yadav @ Nirbhay Yadav @ Nirbhai Yadav R/o
Village - Fulauth Purvi, Ward no. 3, P.S. - Fulauth, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiva Shankar Sharma, Adv.
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 138 of 2025 arising out of Puraini P.S. Case
No. 209 of 2024 dated 29.10.2024 registered for the offences
punishable under Section 140(2) of the B.N.S. Act.
3. As per the prosecution case, the minor boy of the
informant was kidnapped by unknown miscreants from the bus.
It is alleged that the bus driver has disclosed the number of one
of the bikes.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case. It has further
been submitted that the petitioner is not named in the F.I.R.
however during the course of investigation, the name of the
Patna High Court CR. MISC. No.81663 of 2025(5) dt.13-02-2026
2/3
petitioner surfaced and the police has forcefully recorded the
confessional statement of the petitioner. It has next been
submitted that no incriminating article has been recovered from
the conscious possession of the petitioner. It has further been
submitted that till date, no T.I.P. has been conducted and even
the statement of the victim has been brought on record by way
of supplementary affidavit wherein she has not taken the name
of the petitioner. It has been pointed out that the co-accused,
Saurabh Kumar has been granted bail by a Coordinate Bench of
this Court vide order dated 02.02.2026 passed in Cr. Misc. No.
81086/2025. It has lastly been submitted that the petitioner has
one criminal antecedent and he is in custody since 30.10.2024.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor court
in connection with Sessions Trial No. 138 of 2025 arising out of
Puraini P.S. Case No. 209 of 2024, subject to the following
terms and conditions :-
Patna High Court CR. MISC. No.81663 of 2025(5) dt.13-02-2026
3/3
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two 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.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…