Patna High Court
Suraj Kumar @ Baudhu Mandal @ Baithu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioners subject to a bond and sureties.
Summary
The petitioners, Ravi Kumar Verma, Sunil Kumar Verma and Suraj Kumar, were arrested in connection with Lakhisarai Police Station Case No. 160 of 2025 for alleged kidnapping of the informant's son and related offences under Sections 137(2) and 140(1) of the Bhartiya Nyaya Sanhita, 2023. They applied for bail, contending that the victim's statement recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita did not establish a motive of murder or ransom and that the investigation was complete with a charge‑sheet already filed. The prosecution argued that the victim had been assaulted on three occasions, sustaining bodily injuries, and therefore bail should be denied. The Court examined the victim's statement, the medical report showing only simple injuries, and noted the lack of substantive evidence of a serious offence. Considering the completed investigation, the minimal injuries, and the petitioners' right to liberty, the Court ordered bail with a bond of Rs.10,000 and two sureties each. The bail was granted subject to the conditions of Section 437(3) CrPC and Section 480(3) BNSS.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case where the victim's statement and medical report do not substantiate serious injury or intent to murder.
- Whether the completion of investigation and filing of charge‑sheet precludes the risk of tampering with evidence, justifying bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 183, 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 140(1) read with 3(5)
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- kidnapping
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 137
- Section 140
- victim statement
- medical report
- Lakhisarai
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58922 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
1. Ravi Kumar Verma S/O Late Rajendra Prasad Verma R/O Vill.- Panchna
Road Sansar Pokhar, Ward no. 17, P.S.- Kabaiya, District- Lakhisarai
2. Sunil Kumar Verma S/O Late Rajendra Prasad Verma R/O Vill.- Panchna
Road Sansar Pokhar, Ward no. 17, P.S.- Kabaiya, District- Lakhisarai
... ... Petitioners
Versus
The State of Bihar Patna
... ... Opposite Party
======================================================
With
CRIMINAL MISCELLANEOUS No. 9805 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Suraj Kumar @ Baudhu Mandal @ Baithu Mandal Son of Akhilesh Mandal@
Aklesh Mahto Resident of Village- Pachna Road, Sansar Pokhar, Ward No.
17, P.S.- Kabaiya, District- Lakhisarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 58922 of 2025)
For the Petitioner/s : Mr.Mayank Bilochan, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 9805 of 2026)
For the Petitioner/s : Mr.Mayank Bilochan, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 09-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State in both these
applications.
2. The accused/petitioners seeks bail in connection with
Lakhisarai P.S. Case No.160 of 2025 registered for the offences
punishable under Sections 137(2), 140(1) read with 3(5) of the
Patna High Court CR. MISC. No.58922 of 2025(4) dt.09-02-2026
2/4
Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).
3. The accused/petitioners are named in the FIR and is
in custody since 10.04.2025.
4. As per FIR, the son of informant was kidnapped by
petitioners for committing murder.
5. It is submitted by learned counsel appearing for the
petitioners that after recovery of victim, his statement was
recorded under Section 183 of the Bhartiya Nagrik Suraksha
Sanhita (for short ‘BNSS’), where nothing transpired from his
statement that whether he was kidnapped for committing his
murder or for ransom.
6. It is submitted that present case was lodged due to
previous enmity arising out of Kabaiya P.S. Case No. 124/2025
dated 10.04.2025, where the daughter and niece of petitioner
no. 1 enticed by the informant and others.
7. While concluding argument, it is submitted that
investigation of this case is already completed, for which,
charge-sheet has already submitted and, as such, there is no
chance of tampering with the evidence.
8. Explaining criminal antecedents of the petitioners,
learned counsel submitted that in Cr. Misc. No. 58922/2025,
Patna High Court CR. MISC. No.58922 of 2025(4) dt.09-02-2026
3/4
petitioner no. 1 found involved in one more case, in which he is
on bail, whereas petitioner no. 2 found involved in two cases,
where he is on bail respectively, and further petitioner (in Cr.
Misc. No. 9805/2026), was found involved in two more criminal
cases, where he is on bail.
9. Learned APP while opposing the prayer of bail
submitted that the son of informant was kidnapped by the
petitioners alongwith other co-accused persons and during
period of his confinement, he was assaulted by petitioners and
others causing bodily injuries. In support of his submission,
learned APP drawn attention of this Court towards paragraph
no. 66 of the case diary.
10. Taking contrary note of aforesaid submission, it is
pointed out by learned counsel appearing for the petitioners that
if statement of victim/son of informant as recorded under
Section 183 of the BNSS be taken into consideration, it appears
that he was assaulted on three different occasions by number of
persons as alleged and in view of same, finding of two injuries
only that too of simple nature caused by HBS makes entire
allegation false on its face.
11. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.58922 of 2025(4) dt.09-02-2026
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taking note of the statement of victim and also his medical
report as discussed aforesaid, coupled with the fact that
investigation of this case is already completed, where petitioners
remains in custody since 10.04.2025, accordingly, the
petitioners (in both applications), above-named, are directed to
be released on bail furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate,
Lakhisarai in connection with Lakhisarai P.S. Case No.160 of
2025, subject to the conditions as laid down under Section
437(3) of the Code of Criminal Procedure (for short
‘CrPC’)/under Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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