Patna High Court
SANTOSH SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
Santosh Sah was arrested in connection with a kidnapping case (Panapur P.S. Case No. 254 of 2025) under Sections 137(2) and 140(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that he kidnapped a girl, but the victim’s statement indicated she left her house voluntarily and made no accusation against the petitioner. The petitioner had been in custody since 9 September 2025. The court examined the lack of incriminating evidence and the victim’s testimony. Considering these facts, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The bail was to be granted subject to the satisfaction of the Judicial Magistrate‑1st Class, Saran, Chapra.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under Sections 137(2) and 140(2) of the Bharatiya Nyaya Sanhita given the victim’s statement and lack of direct evidence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 140(2)
Subjects
- bail
- kidnapping
- Bharatiya Nyaya Sanhita
- criminal procedure
- Section 137(2)
- Section 140(2)
- victim testimony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88437 of 2025
Arising Out of PS. Case No.-254 Year-2025 Thana- PANAPUR District- Saran
======================================================
Santosh Sah Son of Late Kameshwar Sah Resident of Village - Jafarpur,
Gawandari, Police Station - Bheldi, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Advocate
For the State : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Panapur P.S. Case No. 254 of 2025 registered for the offence
punishable under Sections 137(2) and 140(2) of the Bharatiya
Nyaya Sanhita.
3. As per the prosecution case, the petitioner is said to
have kidnapped the victim girl.
4. From the statement of the victim girl, it appears that
the victim had left her house of her own and there is no
allegation against the petitioner, who is the owner of the
orchestra, that he has done any illegal act with the victim.
5. The petitioner is in custody since 09.09.2025.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.88437 of 2025(3) dt.19-03-2026
2/2
of the case, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate-1st Class, Saran, Chapra/ concerned Court
in connection with Panapur P.S. Case No. 254 of 2025.
(Sandeep Kumar, J)
P. Kumar
U T
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