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Patna High Court

RAJU SHARMA @ RAJO SHARMA @ RAJO CHAUPAL @ RAJENDRA CHAUPALversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted because the petitioner is not directly implicated in kidnapping, the victim’s statement does not support the prosecution, and a similarly situated co‑accused was previously released on bail.

Summary

Raju Sharma was arrested on 10 October 2025 in connection with a case involving alleged kidnapping, assault and other offences under Sections 137(2), 96, 351(2), 352 and 3(5) of the BNS. The petitioner contended that he had a clean antecedent and that the kidnapping charge was directed only at co‑accused Satish Kumar, while the victim’s statement under Section 183 of the BNSS, 2023 did not support the prosecution. The State opposed bail, arguing the seriousness of the offences. The Court observed that no kidnapping allegation was made against the petitioner, the victim’s statement was adverse to the prosecution, and a similarly situated co‑accused had been granted bail. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the charges of kidnapping, assault and related offences
  • Whether the absence of a direct kidnapping allegation against the petitioner and the victim’s adverse statement justify granting bail
  • Whether the bail conditions imposed are appropriate under the circumstances

Legislation cited

Subjects

  • bail
  • kidnapping
  • assault
  • criminal antecedent
  • victim statement
  • Indian Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90406 of 2025
                       Arising Out of PS. Case No.-24 Year-2025 Thana- Rajeshwari District- Supaul
                 ======================================================
                 Raju Sharma @ Rajo Sharma @ Rajo Chaupal @ Rajendra Chaupal S/O Late
                 Sahdev Sharma R/O Vill.- Kathi @ Katahi, Ward No.9, P.S.- Rajeshwari,
                 District- Supaul

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State Of Bihar
           2.    Uday Kant Chaupal S/O Late Vishnudev Chaupal R/O Vill.- Kathi @
                 Katahi, Ward No.12, P.S.- Rajeshwari, District- Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nafisu Zzoha, Advocate
                 For the Opposite Party/s :        Mr.Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   15-01-2026                    Heard Mr.Nafisu Zzoha,                learned counsel for the

                   petitioner and             Mr.Nityanand, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   10.10.2025 in connection with Rajeshwari P.S. Case

                   No.24/2025, dated 11.02.2025 registered for the offences

                   punishable under Sections 137(2),96,351(2),352,3(5) of BNS.

                                3. Allegation against the petitioner is that he

                   supported and helped the main accused Satish Kumar who

                   allegedly kidnapped the minor daughter of the informant and

                   married with her and committed sexual intercourse with her.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.90406 of 2025(3) dt.15-01-2026
                                            2/4




          submits that the petitioner has clean antecedent. It appears

          from the FIR that the specific allegation of kidnapping is

          attributed against co-accused person, namely, Satish Kumar

          and Sunil Kumar and allegation against the petitioner is that

          he abused and assaulted to the informant and his family

          members. Although the victim has been recovered and her

          statement under Section 183 of BNSS, 2023 was recorded in

          which she has not supported the case of the prosecution and

          apart from that, co-accused person, namely, Ramakant

          Sharma @ Ramanand Sharma @ Ramanand Chaupal @

          Ramand Sharma, against whom the similar allegation, has

          been granted bail by a Coordinate Bench of this Hon’ble

          Court vide order dated 16.09.2025 passed in Cr. Misc.

          No.45821 of 2025 and the police, after investigation,

          submitted chargesheet against the petitioner and the petitioner

          is in custody since 10.10.2025.

                       5. Learned A.P.P. for the State, on the other hand,

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, there is no

          allegation of kidnapping attributed against the petitioner,

          victim has not supported the case of the prosecution and

          similarly situated co-accused person, namely, Ramakant
Patna High Court CR. MISC. No.90406 of 2025(3) dt.15-01-2026
                                            3/4




          Sharma @ Ramanand Sharma @ Ramanand Chaupal @

          Ramand Sharma, against whom the similar allegation, has

          been granted bail by a Coordinate Bench of this Hon’ble

          Court, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs.10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          J.M.-1st Class, Supaul in connection with Rajeshwari P.S.

          Case No.24/2025, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in

          case at any stage, it is found that the petitioner has concealed

          his criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
               Patna High Court CR. MISC. No.90406 of 2025(3) dt.15-01-2026
                                                           4/4




                         acceptance of bail bonds in terms of the above-mentioned

                         order shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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