Sudhir Yadav @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10488 of 2025 Arising Out of PS. Case No.-139 Year-2024 Thana- MAHKAR District- Gaya ====================================================== Sudhir Yadav @ Sudhir Kumar S/O Ishwari Yadav R/O Village- Teja Bigha, P.S.- Makhar, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2025 Heard Mr. Ajay Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Md. Matloob Rab, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Makhar P.S. Case No. 139 of 2024 registered for the offence(s) punishable under Sections 137(2), 87, 3(5) of the BNS.

3. As per the allegation made in the FIR, one Guddu Kumar in connivance with the petitioner kidnapped the daughter of the informant with an intention to marry.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and specific allegation of kidnapping is against one Guddu Kumar and the petitioner has no concern with said Guddu Kumar and the said

Patna High Court CR. MISC. No.10488 of 2025(3) dt.13-05-2025 2/3 Guddu Kumar and the victim girl has already solemnized their marriage. In the statement recorded under Section 164 of the Cr.P.C. she has not alleged anything against the petitioner. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the statement recorded under Section 164 of the Cr.P.C., wherein, she has not alleged anything against the petitioner and the petitioner is having clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Gaya in connection with Makhar P.S. Case No. 139 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify

Patna High Court CR. MISC. No.10488 of 2025(3) dt.13-05-2025 3/3 the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T