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Patna High Court

Raja YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

Petitioner Raja Yadav sought anticipatory bail in a case registered under IPC sections 364, 366 and 120(B) alleging kidnapping and conspiracy. He contended that he was falsely implicated, had no criminal record, and that his name appeared only through a co-accused's confessional statement. The State opposed the bail, citing the FIR’s allegation that the petitioner intended to sell or kill the victim and the victim’s Section 164 statement supporting the charge. The Court examined the seriousness of the allegations and the evidence presented. Considering the gravity of the offences and the victim’s corroboration, the Court declined to grant anticipatory bail. Consequently, the petitioner's bail prayer was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the kidnapping and conspiracy charges.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • criminal conspiracy
  • false implication
  • bail denial
  • IPC
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43264 of 2025
                      Arising Out of PS. Case No.-40 Year-2023 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Raja Yadav S/o Late Mishri Lal Yadav Resident of Village- Murli, Ward No.
                 05, P.S.- Bhaptiyahi, District- Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Bachcha Yadav S/O Fekan Yadav R/O Village - Sukhasan ward no. 2, P.S. -
                 Kishanpur, Dist - Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs.Patla Kumari, Advocate
                 For the Opposite Party/s :       Mrs.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   05-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State. Earlier, notices issued to O.P. No. 2 was

                   validly served. However, none appears on behalf of the O.P. No.

                   2. Perused the case diary.

                               2. The petitioner is apprehending arrest in Kishanpur

                   P.S. case No. 40 of 2023 registered under Sections 364, 366,

                   120(B) of the Indian Penal Code.

                               3. The prosecution allegation, in short, is that the

                   accused        persons       came        to      the      house       of        the

                   complainant/informant, forcefully entered into the house and

                   took his niece and fled away.

                               4. Learned counsel for the petitioner submits that the
           Patna High Court CR. MISC. No.43264 of 2025(6) dt.05-02-2026
                                                       2/2




                     petitioner is innocent and has falsely been implicated in the

                     present case. The petitioner has got no criminal antecedent.

                     Earlier, a complaint petition was filed which was later converted

                     into F.I.R. It is further submitted that petitioner is not named in

                     the F.I.R. and his name transpired on the basis of confessional

                     statement of co-accused. The petitioner is a distant relation of

                     victim girl.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner. Learned

                     APP submits that in the F.I.R. itself, allegation has been made

                     against the petitioner and other accused persons that they were

                     intending to sell or kill the victim. In her Section 164 Cr.P.C.

                     statement, the victim has supported the allegation made in the

                     F.I.R.

                                  6. Considering the aforesaid facts and circumstances

                     and nature and gravity of allegation, this Court is not inclined to

                     grant anticipatory bail to the petitioner.

                                  7. The prayer is rejected.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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