Patna High Court
RAJU SHARMA @ RAJO SHARMA @ RAJO CHAUPAL @ RAJENDRA CHAUPALversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS — s. 137(2), 3(5), 351(2), 352, 96
- BNSS, 2023 — s. 183
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
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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
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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
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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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