Patna High Court
Raja Kumar Sahni @ Raja Sahni @ Raja BabuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail as the evidence does not directly implicate him.
Summary
Raja Kumar Sahni was arrested in connection with a kidnapping of the minor daughter of an informant, alleged under sections 137(2), 96 and 3(5) of the Bihar Narcotic Substances Act, 2023. The victim gave a statement under section 183 of the Bihar Negotiable Substances Statute, indicating she had gone to her grandmother’s house and did not name the petitioner as a perpetrator. The petitioner contended that he was falsely implicated and had been in custody since 5 June 2025. The State opposed the bail application, while the petitioner’s counsel argued the lack of direct evidence against him. The court examined the victim’s statement and found no incriminating reference to the petitioner, deeming the evidence insufficient to deny bail. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the kidnapping allegations
- Whether the victim’s statement under section 183, which does not name the petitioner, suffices to deny bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 3(5), 96
Subjects
- bail
- kidnapping
- minor
- false implication
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89850 of 2025
Arising Out of PS. Case No.-332 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Raja Kumar Sahni @ Raja Sahni @ Raja Babu S/O Late Ramnath Sahni
Resident of village- Shivnandpur, PS- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suchita Jha W/O Sudhir Kumar Jha R/O Village-Basudevpur Fekrana
Tola,Ward no. 08,PS- Kalyanpur, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh, Adv
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
For the Informant Mr. Vinay Kumar Mishra, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 137(2), 96,
3(5) of BNS 2023.
3. The case of the prosecution, in short, is that the
petitioner along with other co-accused kidnapped the minor
daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. It is further submitted that during the course of
investigation, victim had given her statement under section 183
Patna High Court CR. MISC. No.89850 of 2025(3) dt.13-03-2026
2/2
of the BNSS before the Judicial Magistrate that as her marriage
was fixed with an old age person, she went to her grand-
mother’s house at Ratanpura and when she came to know that
case has been filed, she has come back. She has further stated
that Guddu Kumar Jha, Ranjeet Kumar Jha and Dhari Jha were
harassing her. Learned counsel for the petitioner submitted that
from perusal of the statement of the victim, it is clear that she
has not named the petitioner. The petitioner is in custody since
05.06.2025.
5. Learned APP and learned counsel for the informant
have opposed the prayer for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named, petitioner is directed to be released on
bail in connection with Kalyanpur P.S.Case No. 332 of 2024 on
furnishing bail bond of Rs, 10,000/- ( ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-VI cum Special POCSO, Samastipur.
(Ashok Kumar Pandey, J)
N.K/-
U T
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