Patna High Court
Bittu Pandey @ Sumit Kumar@ Sumit Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Bittu Pandey, was arrested in connection with a kidnapping case (Babubarhi PS Case No. 535 of 2024) under Sections 140(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023. He has been in custody since 16‑12‑2024 and has three prior criminal antecedents. The petitioner contended that he was falsely implicated, noting that he is not named in the FIR and that the only allegation against him stems from a confessional statement of a co‑accused, which the court held to have no evidentiary value, and the victim’s statement under Section 183 also does not name him. The State opposed bail, but the court, considering the lack of direct evidence, the submission of the charge‑sheet, and the period of custody, decided to grant bail. The petitioner was ordered to be released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 140(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023
- Whether a confessional statement of a co‑accused can be relied upon to justify denial of bail
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 140(3), 183
Subjects
- bail
- kidnapping
- false implication
- confessional statement
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Section 140
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90025 of 2025
Arising Out of PS. Case No.-535 Year-2024 Thana- BABUBARHI District- Madhubani
======================================================
Bittu Pandey @ Sumit Kumar@ Sumit Kumar Pandey S/O Sushil Pandey @
Sushil Kumar Pandey Resident of village - Raje Gram, Police Station-
Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Babubarhi P.S. Case No. 535 of 2024 instituted for the offence
under Sections 140(2) & 140(3) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner along
with other co-accused person is accused of kidnapping two
persons.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 16.12.2024. Petitioner
bears three criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
Patna High Court CR. MISC. No.90025 of 2025(3) dt.11-03-2026
2/2
has transpired on the basis of confessional statement of co-
accused, namely, Bablu Yadav and the same has no evidentiary
value in the eye of law. Admittedly, there is no transaction with
regard to ransom made by the petitioner. Victim in his statement
recorded under Section 183 of the BNSS, 2023, has not named
the petitioner and there is no allegation against the petitioner in
his statement. Other co-accused has been enlarged on bail by a
Co-ordinate Bench of this Court vide order dated 05.08.2025
passed in Cr. Misc. No. 20272 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Charge
sheet has already been submitted in this case.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge-sheet being submitted, this Court is inclined to
grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Babubarhi P.S. Case
No. 535 of 2024.
(Rudra Prakash Mishra, J)
manish/-
U T
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