Patna High Court
Akash RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to regular bail.
Summary
The petitioners, Akash Raj and Suraj Kumar, were arrested in a kidnapping and ransom case under sections 140(2) and 3(5) of the BNS, alleged to have abducted an informant's husband and demanded Rs. 2.5 lakh. They contended that they were innocent, that the mobile number recorded in the FIR did not belong to them, and that the victim was later recovered without any ransom being paid. The prosecution opposed bail, while the petitioners argued that the case had been compromised and they had been in judicial custody since 21‑09‑2025. The Court examined the lack of concrete evidence, the alleged misidentification of the mobile number, and the prolonged detention. Finding the allegations insufficient to justify continued custody, the Court ordered the release of the petitioners on regular bail. Each petitioner was required to furnish a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail in the kidnapping‑ransom case under sections 140(2) and 3(5) of the BNS.
Legislation cited
- BNS — s. 140(2), 3(5)
Subjects
- bail
- kidnapping
- ransom
- regular bail
- criminal procedure
- mobile number misidentification
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8355 of 2026
Arising Out of PS. Case No.-791 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
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1. Akash Raj Son of Indrajeet Saw R/o Mohalla - Gaighat, P.S. - Aalmganj,
Dist. - Patna(Bihar).
2. Suraj Kumar Son of Pappu Prasad R/o Mohalla - Gaighat, P.S. - Aalmganj,
Dist. - Patna(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a case
registered for the offence punishable under sections 140(2) and
3(5) of BNS.
3. The case of the prosecution is that a call was made
on the mobile of the informant’s husband and he was called and
was kidnapped by some unknown miscreants. After that, 2.5 lacs
was demanded and if the same was not paid, dire consequences
would have to be paid.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. Learned
counsel has submitted that the mobile number detailed in the FIR,
does not belong to the petitioners. It has further been submitted
Patna High Court CR. MISC. No.8355 of 2026(2) dt.12-02-2026
2/2
that after some time, the husband of the informant and others were
recovered from a room. The husband of the informant deals in real
estate and they were celebrating a party. It has further been
submitted that there is only allegation that ransom of Rs. 2.5 lacs
was demanded but nothing has been paid. It has also been
submitted that due to intervention of the well-wishers, the parties
have compromised their case. Moreover, the petitioners are
languishing in judicial custody since 21.09.2025.
5. Learned APP appearing for the state has opposed the
prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Ramkrishna Nagar P.S. Case No. 791 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial Magistrate-
1st Class, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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