Patna High Court
Devan Yadav @ Degan Yadav @ Ramji Yadav @ RamjiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail is denied; the petitioner's application for bail is dismissed.
Summary
The petitioner, Devan Yadav, was charged under IPC sections 364(A) (kidnapping for ransom) and 34 (common intention), Arms Act section 27, and UAPA sections 16 and 18 for allegedly kidnapping two persons with a group of 30‑40 Naxalites for extortion. The trial was delayed because co‑accused and the petitioner himself absconded, and only one of five witnesses had been examined. The petitioner filed multiple bail applications, all of which were rejected by the Patna High Court in earlier orders. The Court noted the seriousness of the offences, the petitioner’s alleged absconding, and the impact on trial progress. Consequently, the bail application was dismissed and the police were directed to ensure witness attendance. The order also reiterated directions to the Superintendent of Police and the trial judge to produce witnesses on the dates fixed.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping, arms offences and offences under the UAPA given the seriousness of the charges and his alleged absconding.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 34, 364A
- Unlawful Activities (Prevention) Act — s. 16, 18
Subjects
- bail
- kidnapping
- UAPA
- Arms Act
- Naxal
- trial delay
- absconding
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23216 of 2026
Arising Out of PS. Case No.-13 Year-2022 Thana- CHANAN District- Lakhisarai
======================================================
Devan Yadav @ Degan Yadav @ Ramji Yadav @ Ramji S/O Basudev Yadav
R/O Village- Mahuulia, P.S- Chanan,Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan
For the Opposite Party/s : Mr. Jharkhandi Upadhyay,APP
Mr. Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the fourth attempt of the petitioner seeking
bail in connection with Chanan P.S. Case No. 13 of 2022
registered for the offence under Sections 364(A)/34 of the
Indian Penal Code and Section 27 of the Arms Act, Section 16
and 18 of the UAP Act.
3. Earlier, the bail applications of the petitioner were
rejected on three occasions, namely in Cr. Misc. No. 68486 of
2023 dated 19.10.2023, Cr. Misc. No. 11848 of 2024 dated
01.03.2024 and Cr. Misc. No. 84761 of 2025 dated 18.07.2025.
The order dated 18.07.2025 reads thus:-
Heard learned counsels for the parties.
2. Petitioner is seeking for bail in connection
Patna High Court CR. MISC. No.23216 of 2026(2) dt.01-05-2026
2/3
with S.T.No.210 of 2024, arising out of Chanan P.S. Case
No.13 of 2022, registered for the offences under
Sections 364(A) and 34 of the Indian Penal Code.
3. This is the third attempt of the petitioner
for grant of bail. Earlier the prayer for bail of the
petitioner was twice rejected by this Court vide orders
dated 19.10.2023 and 01.03.2024 passed in Cr. Misc.
No.68486 of 2023 and Cr. Misc. No.11848 of 2024,
respectively.
4. The trial was held up because the co-
accused had absconded. The S.T.F. has arrested the co-
accused and the trial has commenced, charges have
been framed.
5. Considering the fact that the petitioner is
accused of kidnapping two persons and this case being
under Unlawful Activities Prevention Act, this application
is again rejected.
6. The Superintendent of Police, Lakhisarai
is directed to ensure the appearance of the witnesses in
the trial.
7. Let a copy of the order be communicated
to the Superintendent of Police, Lakhisarai, forthwith
through FAX or e-mail for its compliance.
4. The allegation against the petitioner is that he along
with 30-40 accused persons, who are naxals, have kidnapped
Ramji Yadav and his son Dharmvir Kumar @ Kumkum for
extortion. Subsequently, the said persons were recovered.
5. It has been submitted by the learned counsel for the
petitioner that after the last rejection, only one witness out of
five witness has been examined.
6. Considering the allegations and the fact that the
petitioner has absconded, which has delayed the trial, this
application is dismissed.
Patna High Court CR. MISC. No.23216 of 2026(2) dt.01-05-2026
3/3
7. The Superintendent of Police, Lakhisarai was
earlier directed to ensure the attendance of the witnesses in the
trial. He is re-directed to look into the matter personally and
produce the witnesses on the dates fixed.
8. The Trial Judge is also directed to ensure that the
witnesses are produced on the dates fixed.
9. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Lakhisarai and
Superintendent of Police, Lakhisarai through FAX or e-mail for
immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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