← Library
Patna High CourtCR. MISC./61544/2025dismissed

Avinash Patel v. The State Of Bihar

2026-01-21Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61544 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- TELHARA District- Nalanda ====================================================== Avinash Patel S/o Jitendra Prasad @ Jitendra Kumar R/o Village - Balchand Bigha, P.S - Ben, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65099 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- TELHARA District- Nalanda ====================================================== Pankaj Kumar S/o Late Akhilesh Parsad R/o Kanjas Khajepura, P.S.- Telhara, Distt.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 87569 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- TELHARA District- Nalanda ====================================================== Nitish Kumar S/O Ram Prasad Ram R/O Village- Harshnathpur, Banhe Chatra, P.S- Chatra, Distt.- Chatra (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 61544 of 2025) For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the State :

Mr.Uday Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 65099 of 2025) For the Petitioner/s :

Mr.Amresh Kumar Sinha, Adv.

For the State :

Mr.Pradeep Narain Kumar, APP (In CRIMINAL MISCELLANEOUS No. 87569 of 2025) For the Petitioner/s :

Mr.Rajeev Kumar, Adv.

For the State :

Mr.Raj Kishor Singh, APP ======================================================

Patna High Court CR. MISC. No.61544 of 2025(5) dt.21-01-2026 2/3 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-01-2026 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Telhara P.S. Case No. 37 of 2025, registered for the offences punishable under Sections 137(2), 140(3) of the BNS.

3. The informant, who is father of the victim Aditya Raj, stated in his fard beyan that some unknown criminals forcibly kidnapped his son Adity Raj, aged about 15 years, by sitting him in Bolero vehicle.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Except confessional statement of co-accused, there is nothing against them.

5. On the other hand, the learned APP for the State has opposed the prayer for bail by submitting that using the mobile set of co-accused Deepak Kumar, the ransom was called for. Thereafter, Deepak Kumar was arrested and he disclosed the whereabouts of the kidnapped boy. On his disclosure, the place of occurrence was raided and the petitioners Avinash Patel and Nitish Kumar along with the confined boy were recovered. The petitioners Avinash Patel and Nitish Kumar have confessed their guilt.

6. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.61544 of 2025(5) dt.21-01-2026 3/3 circumstances, in my view, the petitioners Avinash Patel (in Cr. Misc. No. 61544 of 2025) and Nitish Kumar (in Cr. Misc. No. 87569 of 2025) do not deserve the privilege of bail. Accordingly, their prayers for bail are hereby rejected.

7. So far as the petitioner Pankaj Kumar (in Cr. Misc. No. 65099 of 2025) is concerned, he was not present at the spot and except the confessional statement, there is nothing against him.

8. Considering the above-mentioned facts and circumstances, let the petitioner Pankaj Kumar (in Cr. Misc. No. 65099 of 2025) above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District Additional Sessions Judge 5th, Hilsa, Nalanda / concerned court below in connection with Telhara P.S. Case No. 37 of 2025, subject to the condition that the petitioner Pankaj Kumar (in Cr. Misc. No. 65099 of 2025) shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T