Bijay Yadav @ Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7754 of 2025 Arising Out of PS. Case No.-151 Year-2020 Thana- PARAIYA District- Gaya ====================================================== Bijay Yadav @ Vijay Yadav Son of Baudhu Yadav @ Baudh Yadav, Resident of Village - Dumra, P.S.- Paraiya, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Paraiya P.S. Case No. 151 of 2020, dated 17.06.2020, in a case registered for the offences punishable under Sections 363, 365, 366 and 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of Shravan Sharma was kidnapped by the petitioner and other coaccused persons and they also threatened Shravan Sharma not register the case.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.7754 of 2025(2) dt.02-05-2025 2/3 this case. In fact, the victim was in love with co-accused Uttam Kumar and in her statement recorded under Section 164 of the Cr.P.C., she has clearly stated that she has performed marriage with Uttam Kumar and she left her house out of her own sweet will and she is currently residing with her husband namely, Uttam Kumar in Rajkot, Gujrat. The similarly situated coaccused persons namely, Umesh Yadav and Rajesh Yadav have already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 12.06.2023 passed in Cr. Misc. No. 19369 of 2023 and the co-accused namely, Uttam Kumar has been granted the privilege of anticipatory bail by this Court vide order dated 15.02.2024 passed in Cr. Misc. No. 2105 of 2024. The petitioner has four criminal antecedents, however, he is on bail in all the pending matters as stated in paragraph no. 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest / surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand only) with two sureties

Patna High Court CR. MISC. No.7754 of 2025(2) dt.02-05-2025 3/3 of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya in connection with Paraiya P.S. Case No. 151 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, on further conditions:

(I) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (II) The petitioner is directed to cooperate in the trial before the learned trial Court.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T