Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Ashok Yadav, applied for bail in a kidnapping case (PS Chausa Case No. 132 of 2021) where he was charged under Sections 364 and 34 of the Indian Penal Code. The prosecution alleged that he, along with three others, forcibly abducted the brother of an informant, while the petitioner claimed innocence, lack of involvement, and a clean antecedent. The State opposed bail, arguing the petitioner had evaded arrest for four years and was implicated in the kidnapping of a minor. The High Court, after considering the facts, directed that bail be granted after framing of charge, subject to a Rs. 10,000 bond, two sureties, and specific conditions regarding court attendance and disclosure of antecedents. The order emphasized that the bail conditions are not to delay the trial and that any observations made would not affect the trial proceedings.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under Sections 364 and 34 IPC.
- Whether the alleged prior absconding and the seriousness of the kidnapping offence justify denial of bail.
- Whether the conditions imposed by the court are sufficient to ensure the petitioner’s presence and compliance.
Legislation cited
- Indian Penal Code — s. 34, 364
Subjects
- bail
- kidnapping
- IPC Section 364
- IPC Section 34
- criminal procedure
- high court
- surety
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72507 of 2025
Arising Out of PS. Case No.-132 Year-2021 Thana- CHAUSA District- Madhepura
======================================================
Ashok Yadav Son of Chhotelal Yadav @ Chhote Lal Yadav Resident of
village- Bhatgama PS- Chausa Chousa District-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Adv.
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Chausa
P.S. Case No. 132 of 2021 dated 09.11.2021 registered for the
offences punishable under Sections 364 and 34 of the I.P.C.
3. As per the prosecution case, the brother of the
informant namely, Rajesh Yadav is said to have been forcefully
kidnapped by four accused persons including the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. It has next been submitted that the petitioner was not
involved any kind of kidnapping and he was not aware of the
case lodged against him and moreover one of the co-accused
namely, Jaynath Yadav has been enlarged on bail by the
Patna High Court CR. MISC. No.72507 of 2025(5) dt.08-01-2026
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Coordinate Bench of this Court vide order dated 13.01.2023
passed in Cr. Misc. No. 29843/2024. It has next been submitted
that during the investigation, no material has come to connect
the petitioner with the aforesaid incident. It has lastly been
submitted that the petitioner has clean antecedent and he is in
custody since 15.06.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner and has pointed out that the case is of
2021 and the petitioner has absconded for four years and only
when the orders of Sections 82 and 83 were issued then the
petitioner has surrendered. It has next been submitted that the
petitioner was involved in kidnapping of the younger brother of
the informant who is still traceless.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail, after
framing of charge, on his furnishing bail bonds in the sum of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Udakishunganj, Madhepura in connection with Chausa P.S.
Case No. 132 of 2021, subject to the following terms and
conditions :-
(i) One of the bailors shall be a close relative of the
Patna High Court CR. MISC. No.72507 of 2025(5) dt.08-01-2026
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petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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