Patna High Court
Pawan Kumar Yadav @ Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The court held that bail could not be granted to the petitioners.
Summary
The petitioners, Md. Azam, Raja Kumar Bhagat and Pawan Kumar Yadav, were charged in Jamui P.S. Case No. 549 of 2025 for kidnapping and demanding a ransom of Rs. 4 lakhs, offences punishable under Sections 140(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita. The victim’s mother attempted to pay the ransom, after which two co‑accused were arrested and the girl was freed by Pawan Kumar Yadav and Tannu Yadav. The petitioners’ names appeared in a self‑inculpatory statement of a co‑accused and in a statement recorded under Section 183 B.N.S.S. The court considered the seriousness of the crime and the petitioners’ prior criminal antecedents (two for Azam, one for Bhagat, ten for Yadav). On this basis, the bench declined to grant bail, dismissing the applications while noting that the order was limited to the bail question and did not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused in a kidnapping‑for‑ransom case under Sections 140(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita considering the gravity of the offence and the accused’s criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 140(2), 183, 3(5), 61(2)
Subjects
- bail
- kidnapping
- ransom
- criminal antecedents
- Bharatiya Nyaya Sanhita
- high court
- refusal of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- JAMUI District- Jamui
======================================================
Md. Azam Son of Mohammad Tahir Resident of Mohalla - Azadnagar, P.S.
and District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6081 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- JAMUI District- Jamui
======================================================
Raja Kumar Bhagat S/o- Manoj Bhagat R/v- Shivadih Ps Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 10508 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- JAMUI District- Jamui
======================================================
Pawan Kumar Yadav @ Pawan Yadav Son of Mahendra Yadav R/o - Shanti
Nagar, Ward No.18, P.S - Jamui, District - Jamui, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 62 of 2026)
For the Petitioner/s : Mr.Rampravesh Nath Tiwari
For the Opposite Party/s : Mr.Shailendra Kumar
(In CRIMINAL MISCELLANEOUS No. 6081 of 2026)
For the Petitioner/s : Mr.Madan Mohan
For the Opposite Party/s : Mr.Arun Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 10508 of 2026)
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
Patna High Court CR. MISC. No.62 of 2026(4) dt.31-03-2026
2/3
ORAL ORDER
4 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State in all the aforesaid cases.
2. The petitioners seek bail in connection with Jamui
P.S. Case No. 549 of 2025 registered for the offence punishable
under Sections 140(2), 61(2) and 3(5)of the Bharatiya Nyaya
Sanhita.
3. The petitioners and others are accused of
kidnapping the victim and demanding Rs. 4 lakhs as ransom.
4. When the mother of the victim was coming with a
ransom, the police arrested two co-accused and thereafter,
Pawan Kumar Yadav and Tannu Yadav freed the girl. The name
of the petitioner Md. Azam has come in the self inculpatory
statement of the co-accused that he was also involved in the
crime.
5. The criminal antecedents and the custody of the
petitioners are summarized here under for brevity -
Criminal Antecedent Custody
since
1. Md. Azam Two criminal antecedents 25.09.2025
2. Raja Kumar One criminal antecedent 25.09.2025
Bhagat
3. Pawan Kumar Ten criminal antecedents 28.11.2025
Yadav @ Pawan
Yadav
Patna High Court CR. MISC. No.62 of 2026(4) dt.31-03-2026
3/3
6. In the statement recorded under section 183
B.N.S.S., the victim has named the accused petitioner Pawan
Kumar Yadav. The aforesaid accused petitioner Pawan Kumar
has 10 criminal antecedents of serious nature.
7. The petitioners Md. Azam and Raja Kumar Bhagat
also have two and one criminal antecedents respectively.
8. Considering the gravity of the offence and the
allegation, I am not inclined to grant bail to the petitioners.
9. Accordingly, these applications stand dismissed.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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