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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of material incriminating evidence and considering the petitioner's clean antecedent and completed investigation, the court held that regular bail must be granted.

Summary

The petitioner, Jitendra Kumar, applied for regular bail in a kidnapping case registered under sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita. He argued that the only evidence against him was a confessional statement of a co‑accused and that no incriminating material was found in his possession, while he owned and used the vehicle for his livelihood. The State opposed the bail, but the court noted the petitioner’s clean criminal record, his profession, and that the investigation against him was complete. The court found the lack of independent evidence and the petitioner’s antecedents sufficient to justify bail. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether regular bail should be granted in a kidnapping case under sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita when the only evidence is a co‑accused's confessional statement.
  • Whether the petitioner's clean antecedent, profession, and completion of investigation warrant the grant of bail.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • confessional statement
  • clean antecedent
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86609 of 2025
                      Arising Out of PS. Case No.-119 Year-2024 Thana- Jhandapur District- Bhagalpur
                 ======================================================
                 Jitendra Kumar Son of Bulo Mandal, Resident of Village- Bishunpur
                 (Bishanpur) Arazi, P.S.- Bihpur, District- Bhagalpur
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Yadav, Adv.
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

3   13-01-2026                    Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Jhandapur P.S. Case No. 119 of 2024 registered for the offences

                   punishable under sections 137(2) and 140(3) of the Bharatiya

                   Nyaya Sanhita.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the petitioner has been implicated in the present

                   matter on the basis of confessional statement of co-accused

                   Krishna Kumar @ Vishal Kumar and nothing incriminating has

                   been recovered from his conscious possession, in fact the

                   informant’s son was recovered near SBI Bank, Jhandapur, from a

                   woman namely, Mamta Devi and no any independent witness has

                   come forward to support the involvement of the petitioner in the

                   alleged crime of kidnapping. It is further submitted that the

                   petitioner is the owner as well as driver of the alleged vehicle
           Patna High Court CR. MISC. No.86609 of 2025(3) dt.13-01-2026
                                                       2/2




                     (Toto), and he used the Toto for his livelihood and at the time of

                     alleged occurrence, he was simply doing his profession and the

                     call details report (CDR) clearly suggests the involvement of the

                     co-accused persons in kidnapping of the child. It is lastly

                     submitted that the petitioner bears no criminal antecedent and has

                     been languishing in jail since 05.12.2024.

                                  4. Learned APP for the State has opposed the prayer of

                     the petitioner.

                                  5. Considering the above submissions, the averments

                     made in this application and mainly the petitioner’s fair and clean

                     antecedent, his profession and custody period coupled with

                     completion of investigation against him, this Court is inclined to

                     release him on bail. Accordingly, let the petitioner named-above

                     be released on bail on furnishing bail bond of Rs. 20,000/-

                     (Rupees Twenty Thousand) with two sureties of the like amount

                     each to the satisfaction of the court concerned in connection with

                     Jhandapur P.S. Case No. 119 of 2024.



                                               (Shailendra Singh, J)
annu/-
U      T


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