Dularchand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48524 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== Dularchand Yadav, S/o- Gongu Yadav @ Jainand Yadav, Resident of Murwriya, P.S.- Pipariya, District- Lakhisarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Praveen Kumar Agrawal, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP For the Informant :
Mr. Mayank Vilochan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for the informant.
2. The accused/petitioner seeks bail in connection with Lakhisarai P.S. Case No.45 of 2025 registered for the offences punishable under Sections 137(2), 140(1), 61(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.').
3. The accused/petitioner is named in the FIR and is in custody since 14.02.2025.
4. Allegation against the petitioner is to kidnap his own uncle along with other co-accused persons. The occurrence alleged to be arising out of land dispute.
Patna High Court CR. MISC. No.48524 of 2025(2) dt.09-09-2025 2/3
5. It is submitted by learned counsel that the petitioner is the nephew of the victim and interestingly the kidnapped uncle was released after two hours from alleged captivity. It is submitted that the alleged occurrence took place in the background of land dispute between the parties. While concluding argument, it is submitted that similarly situated co-accused persons namely, Rahul Manjhi and Ram Bhawan Kumar have already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.22380 of 2025 and Cr. Misc. No.33584 of 2025 dated 01.09.2025 and, therefore, on the ground of parity, the petitioner also deserves bail and moreover investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. The petitioner claimed clean antecedent.
6. Heard Mr. Jharkhandi Upadhyay, learned APP for the State. Mr. Mayank Bilochan, learned counsel appearing for the informant while opposing the prayer of bail submitted that the petitioner along with other co-accused actively participated in the occurrence, as it transpires from the
Patna High Court CR. MISC. No.48524 of 2025(2) dt.09-09-2025 3/3 statement of victim as recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
7. In view of aforesaid factual submissions and by taking note of fact as similarly situated co-accused persons have already granted bail by one of the learned co-ordinate Bench of this Court, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 14.02.2025, accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No.45 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the BNSS. (Chandra Shekhar Jha, J.) Sanjeet/- U T