Patna High Court
Shashi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Shashi Yadav was arrested on 9 August 2025 in connection with a kidnapping-for-ransom case (Sections 140(1), 140(2), 140(3), 3(5) of the B.N.S.) alleged by an informant whose adult son was supposedly abducted and a ransom of Rs. 50,000 demanded. The petitioner claimed he had a clean antecedent, that the allegations were fabricated, and that the victim’s statement under Section 183 did not support the prosecution. The prosecution opposed bail, while the petitioner highlighted that a co‑accused in a similar case had been granted bail by a coordinate bench. The court, noting the petitioner’s clean record, the victim’s non‑cooperation, and the precedent, ordered bail on a Rs. 10,000 bond with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. The bail was granted subject to these conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the kidnapping‑for‑ransom allegations.
- Whether the victim’s non‑supportive statement under Section 183 of the B.N.S. affects the bail decision.
- Whether the precedent of bail granted to a co‑accused in a similar case warrants bail for the petitioner.
Legislation cited
Subjects
- bail
- kidnapping for ransom
- false implication
- clean antecedent
- victim non‑cooperation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22916 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- MANSI District- Khagaria
======================================================
Shashi Yadav S/o- Mahavir Yadav Resident Haripur PS- Salkhuwa District-
Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Informant : Mr. Binod Murari Mishra, Advocate
For the State : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Santosh Kumar Singh, learned counsel for
the petitioner, Mr. Binod Murari Mishra, learned counsel for the
Informant and Mr. Madhura Nand Jha, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
09.08.2025, in connection with Mansi P.S. Case No. 195 of 2025,
F.I.R. dated 08.08.2025 registered for the offences punishable
under Sections 140(1), 140(2), 140(3), 3(5) of the B.N.S.
3. As per the prosecution case, the informant alleged
that his adult son was abducted by the petitioner and others and
they had been demanding Rs. 50,000/-
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricate and the petitioner has not
Patna High Court CR. MISC. No.22916 of 2026(2) dt.08-04-2026
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committed any offence as alleged in the F.I.R. He further submits
that the victim was recovered and his statement under Section 183
of the B.N.S.S was recorded in which he has not supprted the case
of the prosecution and co-accused person, namely, Md. Saddam @
Md. Sadam @ Mohammad Saddam against whom the similar
allegation has been granted bail by a Coordinate Bench of this
Court vide order dated 11.02.2026 passed in Cr. Misc. No. 83347
of 2025. He further submits that the police after investigation
submitted chargesheet against the petitioner and the petitioner is in
custody since 09.08.2025.
5. Learned counsel for the Informant as well as learned
Additional Public Prosecutor for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
similarly situated co-accused person has been granted bail by a
Coordinate Bench of this Court as well as the victim has not
supported the case of the prosecution, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, Khagaria
in connection with Mansi P.S. Case No. 195 of 2025, subject to the
following conditions :-
Patna High Court CR. MISC. No.22916 of 2026(2) dt.08-04-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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