Raja Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43264 of 2025 Arising Out of PS. Case No.-40 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Raja Yadav S/o Late Mishri Lal Yadav Resident of Village- Murli, Ward No. 05, P.S.- Bhaptiyahi, District- Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bachcha Yadav S/O Fekan Yadav R/O Village - Sukhasan ward no. 2, P.S. - Kishanpur, Dist - Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Patla Kumari, Advocate For the Opposite Party/s :
Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Earlier, notices issued to O.P. No. 2 was validly served. However, none appears on behalf of the O.P. No.
2. Perused the case diary.
2. The petitioner is apprehending arrest in Kishanpur P.S. case No. 40 of 2023 registered under Sections 364, 366, 120(B) of the Indian Penal Code.
3. The prosecution allegation, in short, is that the accused persons came to the house of the complainant/informant, forcefully entered into the house and took his niece and fled away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43264 of 2025(6) dt.05-02-2026 2/2 petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. Earlier, a complaint petition was filed which was later converted into F.I.R. It is further submitted that petitioner is not named in the F.I.R. and his name transpired on the basis of confessional statement of co-accused. The petitioner is a distant relation of victim girl.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP submits that in the F.I.R. itself, allegation has been made against the petitioner and other accused persons that they were intending to sell or kill the victim. In her Section 164 Cr.P.C. statement, the victim has supported the allegation made in the F.I.R.
6. Considering the aforesaid facts and circumstances and nature and gravity of allegation, this Court is not inclined to grant anticipatory bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J) Pankaj/- U T