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Patna High Court

Ajeet sahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, finding no sufficient ground to deny his release.

Summary

Ajeet Sah was arrested in connection with a kidnapping case (Case No. 519 of 2024) involving the abduction of a baby boy from a hospital. He was charged under Sections 140(3), 143(4) and 3(5) of the BNS. The petitioner argued that co‑accused persons and his wife, who were similarly implicated, had already been granted bail and that there was no CCTV evidence placing him at the scene. The State opposed the bail application. Considering the bail granted to co‑accused, the lack of direct evidence against the petitioner, and the completion of the investigation, the Court decided to release him on bail upon furnishing a bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under Sections 140(3), 143(4) and 3(5) of the BNS in a kidnapping case
  • Whether the grant of bail to co‑accused and the absence of CCTV evidence against the petitioner justify his release

Legislation cited

  • BNS — s. 140(3), 143(4), 3(5)

Subjects

  • bail
  • kidnapping
  • child abduction
  • regular bail
  • co‑accused
  • CCTV evidence
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89091 of 2025
                 Arising Out of PS. Case No.-519 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Ajeet Sah son of Late Sakhichand Sah @ Sakhichandra Sah Resident of
                 village- Bhagwanpur, Bahdarpur, Ward no. 3, Dhabauli, PS- Lakho, Dist-
                 Begusarai

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                     Heard the parties.

                                 2. Petitioner seeks regular bail in connection with

                   Town @ Begusarai Town P.S. Case No. 519 of 2024 registered

                   for the offences punishable under Sections 140(3), 143(4) and

                   3(5) of BNS.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the co-accused persons Jyoti Kumari @ Jyoti

                   Mishra, Kunti Devi @ Sunaina Devi @ Sulena Devi and Seeta

                   Devi who are alleged to be mainly involved in kidnapping the

                   child (baby boy) from the concerned hospital, have been granted

                   bail by the co-ordinate Bench of this court vide orders dated

                   02.05.2025 passed in Cr. Misc. Nos. 1422 of 2025, 897 of 2025

                   and 3043 of 2025, it is not the case of the prosecution that the
Patna High Court CR. MISC. No.89091 of 2025(2) dt.12-01-2026
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          petitioner’s any kind of activity in kidnapping the said child or

          assisting the co-accused persons in the commission of the said

          offence was noticed while as per the prosecution, the activities

          of the co-accused persons was captured in a C.C.T.V. camera. It

          is further submitted that though the kidnapped child was

          recovered from the house of this petitioner but in this regard,

          petitioner’s wife who was spotted at the place of occurrence in

          C.C.T.V. camera footage has already been made accused and she

          has been granted bail, so petitioner's case stands on better

          footing than his wife. It is lastly submitted that the petitioner has

          been languishing in jail since 23.09.2025 though against him,

          there is criminal antecedent of one case but the same relates to

          different kind of ofences in which he is on bail.

                       4. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       5. Considering the above submissions, the averments

          made in this application, mainly the fact that the co-accused

          persons who were mainly involved in kidnapping of the child

          (baby boy) have already been granted bail by the co-ordinate

          Benches of this Court and petitioner is not alleged to be found at

          or near the place of occurrence with the co-accused persons

          during the course of commission of kidnapping of the child,
           Patna High Court CR. MISC. No.89091 of 2025(2) dt.12-01-2026
                                                       3/3




                     coupled with his custody period and 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 concerned Court in connection with Town @

                     Begusarai Town P.S. Case No. 519 of 2024, S.T. No. 417/25.



                                               (Shailendra Singh, J)
maynaz/-

U     T


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