Nanhaki Yadav @ Nenka @ Shardanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65098 of 2025 Arising Out of PS. Case No.-866 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Nanhaki Yadav @ Nenhka @ Shardanand Yadav, S/o Late Bhola Yadav, resident of Village-Parwatiya Tola, P.S.-Bettiah Muffasil, Dist-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma Advocate Mr. Sharad Kumar Verma, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Sessions Case No. 819 of 2023 arising out of Bettiah Town P.S. Case No.866 of 2017 registered for the offences punishable under Sections 365, 364, 302, 201 and 120-B of the Indian Penal Code.

3. The accused/petitioner is not named in the FIR and is in custody since 20.03.2025.

4. As per FIR, the informant's brother went to Bettiah and thereafter, did not return back. It is alleged that someone has kidnapped him.

Patna High Court CR. MISC. No.65098 of 2025(2) dt.05-12-2025 2/3

5. It is submitted by learned counsel that the name of petitioner transpires out of secret information given by police spy whereafter, the confessional statement of petitioner and other accused persons were recorded, who accepted their involvement with crime in question. It is pointed out that in furtherance of self-confession and suspicion as raised by police spy, nothing incriminating appears surfaced during the course of investigation as to connect him with present crime in question. While concluding argument, it is submitted that 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 and moreover petitioner found involved in four criminal cases, where he is on bail.

6. Learned APP opposed the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions, as except suspicion arising out of secret information of spy and also self-confession, nothing incriminating appears surfaced during investigation as to connect petitioner prima facie with

Patna High Court CR. MISC. No.65098 of 2025(2) dt.05-12-2025 3/3 present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 20.03.2025, accordingly, the petitioner, above-named, 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 15th Additional Sessions Judge, West Champaran at Bettiah in connection with Sessions Case No. 819 of 2023 arising out of Bettiah Town P.S. Case No.866 of 2017, 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 Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T