Tuntun Yadav @ Tuntun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20272 of 2025 Arising Out of PS. Case No.-535 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Tuntun Yadav @ Tuntun Kumar Yadav Son of Kapleshwar Yadav Resident of Village - Baturi, P.S.- Pandaul, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Babubarhi P.S. Case No. 535 of 2024 instituted for the offence under Sections 140(2) & 140(3) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the prosecution case, the petitioner along with other co-accused person is accused of kidnapping two persons.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-12-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.20272 of 2025(3) dt.05-08-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Bablu Yadav and the same has no evidentiary value in the eye of law. Admittedly, there is no transaction with regard to ransom made to the petitioner. Victim in his statement recorded under Section 183 of the BNSS, 2023, has not named the petitioner and there is no allegation against the petitioner in his statement. Other co-accused has been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 16-04-2025, passed in Cr. Misc. No. 17258 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Charge sheet has already been submitted in this case. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge-sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.20272 of 2025(3) dt.05-08-2025 3/3 Court below/concerned Court in connection with Babubarhi P.S. Case No. 535 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T