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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

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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