Binod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24799 of 2025 Arising Out of PS. Case No.-251 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Binod Yadav S/o- Ramji Singh Vill- Andahari bag Ps- Tiyar Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Malti Kumari For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jagdishpur P.S. Case No. 251 of 2024 dated 24.07.2024 registered for the offences punishable under Sections 140(1) and 140(2) of B.N.S.
3. As per the prosecution case, five-six unknown miscreants are alleged to have kidnapped the informant's cousin and took his motorcycle. It is further alleged that the accused persons demanded ransom of Rs. 1 lakh.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is not named in the FIR. The name of
Patna High Court CR. MISC. No.24799 of 2025(2) dt.19-04-2025 2/3 the petitioner has sprung up in this case on mere suspicion. Learned counsel has submitted that after recovery of the victim, his statement u/s 164 of the Cr.P.C. has not been recorded. The other co-accused person has already been granted bail by this court vide order dated 24.02.2025 passed in Cr. Misc. No. 70762/2024. The petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.01.2025.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner. At para-9 of the case diary, it is mentioned that the tower location of the mobile of the informant's cousin was located and on that location when police reached there they saw a boy with a motorcycle. The boy was taken under custody by the police who told the police that the assailants on seeing the police left him and fled and also stated that Rs. 10,000/- was received on his mobile which shows that the money was received from Pintu. At para-19 of the case diary, it is mentioned that when the victim was shown the photograph of the petitioner, the victim identified him as the main assailant who threatened him to kill.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.24799 of 2025(2) dt.19-04-2025 3/3 of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.1st, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 251 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below 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). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T