Patna High Court
Sujit YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to regular bail and ordered his release on bail with conditions.
Summary
The petitioner, Sujit Yadav, was arrested in connection with a kidnapping case (Jamui P.S. Case No. 549 of 2025) and charged under Sections 140(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged his involvement, but the victim examined as PW‑1 did not identify the petitioner nor name him as the perpetrator. The petitioner, represented by Mr. Prabhat Kumar Singh, pleaded innocence and sought regular bail, having been in custody since 13‑12‑2025. The State, represented by Mr. Shyam Kumar Singh (APP) and Mr. Uday Pratap Singh, opposed the bail. The Court, after considering the lack of identification and the circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to cooperate with the trial. The order emphasized that the observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the kidnapping charge under the Bharatiya Nyaya Sanhita.
- Whether the absence of victim identification of the petitioner justifies the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 3(5), 61(2)
Subjects
- regular bail
- kidnapping
- Bharatiya Nyaya Sanhita
- criminal procedure
- identification of accused
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4767 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- JAMUI District- Jamui
======================================================
Sujit Yadav Son of Mahesh Yadav Resident of village - Konan, P.S.- Sikandra,
District - Jamui, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 01-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Jamui P.S. Case No. 549 of 2025 registered for the offence
under Section(s) 140(2), 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to be involved in the kidnapping of the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 13.12.2025. It is further submitted
that the victim has been examined in the trial as PW-1 and
neither he identified the petitioner nor taken the name of the
Patna High Court CR. MISC. No.4767 of 2026(5) dt.01-07-2026
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petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Jamui P.S. Case No.
549 of 2025 subject to conditions that:-
(i). The petitioner shall appear in the trial
regularly either personally or through his lawyer and shall
cooperate in the trial and non-cooperation in the trial shall
result in cancellation of the bail bond of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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