Patna High Court
Shyam PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that the trial court must first verify the petitioner’s custody claim before deciding on bail.
Summary
Shyam Pandey was charged under Section 363 IPC for kidnapping his nephew, with the case originating in 2014. He applied for bail, claiming he had been in custody since 18 October 2014. The High Court examined the bail petition and noted the need to verify the custody claim. It directed the trial court to confirm whether the petitioner had indeed been detained continuously from the stated date. If the claim is verified, the petitioner is to be released on bail upon furnishing appropriate bonds; if not, the trial court may pass a suitable order. The High Court ordered the verification to be completed within one week of receiving the order.
Issues considered
- Whether the petitioner is entitled to bail pending trial for the offence under Section 363 IPC
- Whether the petitioner has been in continuous custody since 18-10-2014 as claimed
Legislation cited
- Indian Penal Code — s. 363
Subjects
- bail
- kidnapping
- IPC 363
- custody verification
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27599 of 2026
Arising Out of PS. Case No.-124 Year-2014 Thana- BHAGWAN BAZAR District- Saran
======================================================
Shyam Pandey son of Late Haribansh Pandey Resident of Village- Tarwan
parsa, Ps- M.H. Nagar, Dist- Siwan At Present Resident of village-
Daulatganj, Ps- Bhagwan Bazar, Dist- Saran at Chapra
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Dewendra Narayan Singh, Advocate
For the State : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Bhagwan Bazar P.S. Case No.124 of 2014 registered for the
offence under section 363 of the Indian Penal Code.
3. The petitioner is accused of kidnapping his
nephew.
4. It has been contended by learned counsel for
the petitioner that the petitioner is in custody since 18.10.2014
in connection with present case.
5. In these circumstances, this application is
disposed of with a direction to the trial court to verify the
contention of learned counsel for the petitioner regarding the
custody of the petitioner. If it is found that the petitioner is in
Patna High Court CR. MISC. No.27599 of 2026(3) dt.05-05-2026
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custody since 18.10.2014 in connection with present case then
he shall be released on bail on furnishing bail bonds to the
satisfaction of the concerned Court below. If the contention of
learned counsel for the petitioner is found to be false then the
trial court may pass appropriate order. The aforesaid exercise
shall be completed by the trial court within one week from the
date of receipt/production of a copy of this order.
(Sandeep Kumar, J)
pawan/-
U T
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