Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bharatiya Nyaya Sanhita — s. 137(2), 140(3)
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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