Patna High Court
Ashok Yadav @ AshokversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The bail application is allowed and the petitioners are released on bail.
Summary
The petitioners, Ashok Yadav and Bittu Kumar, applied for regular bail in a criminal case (Rajoun PS Case No. 511 of 2024) alleging offences under Sections 137(2), 96, and 3(5) of the Bharatiya Nyaya Sanhita. They were accused of forcibly abducting the son of an informant and marrying him to Pooja Devi, a widow, in a purported conspiracy arising from a matrimonial dispute. The petitioners contended that they were falsely implicated, that the victim’s statement under Section 183 BNSS exonerated them, and that they have a clean antecedent, having been in custody since 10‑10‑2025. The State opposed the bail, arguing the seriousness of the allegations. Considering the facts, the petitioners' clean record, and the period of custody, the court allowed the bail application, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious nature of the alleged offences
- Whether the victim’s statement under Section 183 BNSS negates the prosecution’s case
- Whether the petitioners’ clean antecedent and length of custody justify grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 3(5), 96
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- abduction
- forced marriage
- conspiracy
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2579 of 2026
Arising Out of PS. Case No.-511 Year-2024 Thana- RAJAON District- Banka
======================================================
1. Ashok Yadav @ Ashok Son of Damodar Yadav R/o Vill.- Ghuthiya, P.S.-
Rajoun, Dist.- Banka
2. Bittu Kumar Son of Ashok Yadav @ Ashok R/o Vill.- Ghuthiya, P.S.-
Rajoun, Dist.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioners
and learned A.P.P. for the State.
2. Petitioners seek regular bail in connection with
Rajoun P. S. Case No. 511 of 2024 registered for the offences
punishable under Sections 137(2), 96, 3(5) of the Bharatiya
Nyaya Sanhita.
3. It is alleged that these petitioners along with other
accused persons forcibly abducted son of the informant and got
him married with his Bhabahi Pooja Devi, widow of Saurabh
Kumar.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.2579 of 2026(2) dt.13-02-2026
2/2
case under conspiracy due to matrimonial dispute. Present case
is counter blast of Rajoun P. S. Case No. 559 of 2024 which was
lodged by petitioner no. 2 against informant and others. The
victim in his statement recorded under Section 183 BNSS has
denied the prosecution case and has stated that it was co-accused
Anil Yadav who abducted him from Tekni Chowk on 21.09.2024
and forcibly got him married to Pooja Devi. Petitioners claim
clean antecedent and are in custody since 10.10.2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case and period of custody, the bail application is allowed.
Let the above named petitioners be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Banka in connection with Rajoun P. S. Case
No. 511 of 2024.
(Prabhat Kumar Singh, J)
Navya/-
U T
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