← Library
Patna High CourtCR. MISC./34893/2025allowed

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

2025-05-22Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34893 of 2025 Arising Out of PS. Case No.-488 Year-2024 Thana- RAJGIR District- Nalanda ====================================================== 1.

Amit Kumar Yadav @ Amit Yadav, S/o- Balkrishna Yadav, Resident of village- Hudara, Post office -Hudara, Police Station-Hudra, DistrictMadhubani 2.

Satyendra Kumar, S/o- Rajendra Sah, Village- Kunjbelahi, Po- Chaturbhuj Piprahi, Ps- Chaturbhuj Piprahi, Dist- Madhubani 3.

Pawan Kumar Yadav, S/o- Lakshmi Yadav, Resident of village- Kalripatti, W.NO-1, Post office -Hudara, Police Station-Hudra, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aklavya Chandan Kumar, Advocate For the Opposite Party/s :

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-05-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Rajgir P.S. Case No. 488 of 2024, registered for the offences punishable under Sections 318(4), 127(2), 111(3), 111(4), 351(2), 62(2), 3(5), 316(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioners is that they alongwith others kept hostage hundred of persons of different districts by luring them to provide job in the name of network

Patna High Court CR. MISC. No.34893 of 2025(2) dt.22-05-2025 2/3 marketing in Babloo Sao lodge.

4. Learned Advocate appearing on behalf of the petitioners contended that the informant is none else but the S.H.O. of Rajgir P.S.. In fact, all the persons who are said to be hostage were working in a marketing company and only with a view to pressurize the company and extort some money, the present FIR came to be lodged. The petitioners are poor workmen who are working for M.R. Marsh Rebulesh Marketing Company and there is no allegation that they have ever been found indulge in cheating any of the person. Moreover, from the FIR and the order impugned it appear that the statement of all the seventy-nine persons were videographed, but none of them have whispered about the complicity of the petitioners in crime. Nothing incriminating material has been discovered from the whereabout of the petitioners and even if the allegation taken to be true for the sake of argument, no case is made out against the petitioners. The petitioners are men of fair antecedent and they undertake that they will fully cooperate in the investigation and the proceeding of the Court.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that there is serious allegation against the petitioners of causing fraud to the

Patna High Court CR. MISC. No.34893 of 2025(2) dt.22-05-2025 3/3 innocent persons.

6. Considering the materials available on record, specially the impugned order which suggest that the victims have neither stated anything about the petitioners, nor any incriminating materials have been recovered from the place of occurrence, as also the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of District and Sessions Judge-III, Nalanda at Bihar Sharif in connection with Rajgir P.S. Case No. 488 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T