Patna High Court
Saurav Kumar @ Sourabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond and conditions, due to insufficiency of independent evidence linking him to the alleged offences.
Summary
The petitioner, Saurav Kumar, was arrested on 27 June 2025 in connection with a kidnapping, assault and extortion case (PS Case No. 41 of 2025) alleged under Sections 109, 140(2), 127(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioner and five co‑accused abducted an informant from a railway station, demanded a ransom of Rs. 50,000 and withdrew Rs. 46,000 by forcing the informant to disclose his ATM PIN. The petitioner contended that he has a clean antecedent, that the FIR is fabricated, and that the seizure list lacks signatures of any independent witness, rendering the evidence unreliable. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences. The Court, noting the absence of independent witness signatures on the seizure list and the lack of any material linking the petitioner to the seized items, granted bail on a Rs. 10,000 bond with two sureties and imposed standard conditions regarding cooperation, non‑tampering of evidence and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S.
- Whether the lack of independent witness signatures on the seizure list warrants the grant of bail
- Whether the petitioner poses a risk of tampering with evidence or fleeing the jurisdiction
Legislation cited
- B.N.S. — s. 109, 127(2), 140(2), 3(5)
Subjects
- bail
- kidnapping
- extortion
- robbery
- seizure list
- independent witness
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83411 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- Chakia District- Begusarai
======================================================
Saurav Kumar @ Sourabh Kumar S/o- Navin Singh @ Nabin KUmar Village-
Bihat, P.S-Chakia, District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Amit Anand, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-01-2026 Heard Mr. Amit Anand, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
27.06.2025, in connection with Chakia P.S. Case No. 41 of
2025, F.I.R. dated 26.06.2025 registered for the offences
punishable under Sections 109, 140(2), 127(2) and 3(5) of
B.N.S.
3. The prosecution case, in brief, is that on 25.06.2025
while the informant was travelling by train, the petitioner along
with five other co-accused persons abducted the informant from
Rajendrapool Station,Begusarai, assaulted him and forcibly
demanded a ransom of Rs. 50,000/-. It is further alleged that the
petitioner and his associates snatched the informant’s silver
Patna High Court CR. MISC. No.83411 of 2025(3) dt.17-01-2026
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chain, ATM card, I Phone, and by compelling him to disclose
the PIN, withdrew Rs. 46,000/- from his Bank Account.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
It appears from the F.I.R. and seizure list that the present F.I.R.
was instituted only to falsely implicate the petitioner and other
co-accused person. Although, there is specific allegation in the
F.I.R. and seizure list that Rs. 40,500/-, One Vivo Mobile and
one I-Phone 13 have been recovered from other co-accused
persons but from perusal of the seizure list, it appears that there
is no sign of any of the accused person in the seizure list and no
independent witness has also signed in the seizure list only
police personnel has signed in the seizure list. He further
submits that it appears that the informant has falsely implicated
the petitioner in the present case and the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 27.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
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petitioner.
6. Considering the facts and circumstances of the case
and the fact that no independent witness has signed in the
seizure list and even no sign of the petitioner has been obtained
in the seizure list, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Begusarai
in connection with Chakia P.S. Case No. 41 of 2025, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below 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 court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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