Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to all petitioners, directing them to furnish a bond of Rs. 10,000 each with two sureties.
Summary
The petitioners were charged under Sections 140(2) and 3(5) of the B.N.S. for allegedly kidnapping the son of an informant and a person named Oshiyar using a white Scorpio. They contended that they were falsely implicated, that the kidnapped victims had been recovered, and that the informant had filed a compromise petition in the trial court, indicating a settlement of the matter. The petitioners also highlighted their clean criminal record and that they had been in judicial custody since 30 September 2025. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing each petitioner to furnish a bail bond of Rs. 10,000 with two sureties each, subject to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari.
Issues considered
- Whether the petitioners are entitled to bail under Sections 140(2) and 3(5) of the B.N.S. in view of the alleged kidnapping charges.
- Whether the filing of a compromise petition by the informant influences the grant of bail.
Legislation cited
- B.N.S. — s. 140(2), 3(5)
Subjects
- bail
- kidnapping
- compromise petition
- criminal antecedent
- Section 140
- Section 3
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86368 of 2025
Arising Out of PS. Case No.-980 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
1. Ravi Kumar, S/o Uttam Singh, R/o Village - Sripur Gopalpur, P.S - Sugauli,
District - East Champaran
2. Shatrudhan Kumar, S/o Ram Dular Singh, R/o Village - Sripur Gopalpur, P.S
- Sugauli, District - East Champaran
3. Dhrup Kumar, S/o Jawahar Sah, R/o Village - Sripur Gopalpur, P.S -
Sugauli, District - East Champaran
4. Sandesh Mahato, S/o Awadhesh Mahato, R/o Village - Sripur Gopalpur, P.S -
Sugauli, District - East Champaran
5. Ranjit Kumar, S/o Jitan Mahato, R/o Village - Gudra, P.S - Majhauliya,
District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Motihari Town P.S. Case No. 980 of 2025 registered for the
offence punishable under Sections 140(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioners have kidnapped the son of the informant and one
Oshiyar on a white colour Scorpio.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.86368 of 2025(3) dt.03-02-2026
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committed no offence. They have been falsely implicated in this
case. As per para ‘13’ of the case diary, it is clear that the
kidnapped boys were recovered. On the basis of telephone
location, Scorpio and the petitioners were also apprehended. It has
further been submitted that due to intervention of some well-
wishers, parties have compromised the case and the informant has
filed compromise petition in the trial Court. Petitioners are having
no criminal antecedent and they are languishing in judicial
custody since 30.09.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., East Champaran, Motihari in connection with Motihari
Town P.S. Case No.980 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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