Patna High Court
Satyendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted regular bail to the petitioner, subject to standard conditions.
Summary
The petitioner, Satyendra Ram, was arrested on 26‑04‑2025 for alleged kidnapping and assault under IPC sections 364(A) and 34, based on a victim’s statement recorded under CrPC section 164. He contended that the allegations were fabricated and that a co‑accused, Prashant Kumar Singh, had already been granted regular bail by the same court. The prosecution opposed bail, citing the victim’s statement, four prior criminal antecedents, and the seriousness of the offence. The court noted the parity with the co‑accused’s bail and, after considering the circumstances, ordered the petitioner’s release on regular bail with a Rs 10,000 bond and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to regular bail despite the victim’s statement under section 164 CrPC and his prior criminal antecedents.
- Whether the grant of bail to a similarly situated co‑accused mandates the same relief for the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 364A
Subjects
- bail
- kidnapping
- IPC 364A
- IPC 34
- Section 164 CrPC
- regular bail
- criminal antecedents
- equality of treatment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79179 of 2025
Arising Out of PS. Case No.-231 Year-2023 Thana- PAKRIDAYAL District- East Champaran
======================================================
Satyendra Ram S/o Maulvi Ram R/o Village- Thikaha Bankat, P.S- Pakridayal, Dist-
East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Rajesh Kumar, learned counsel for the
petitioner as well as Mr. Tapeshwar Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.04.2025 in connection with Sessions Trial P.S. Case No. 1028
of 2025 arising out of Pakaridayal Case No. 231 of 2023, F.I.R.
dated 01.11.2023 for the offences punishable under Sections
364(A)/34 of the Indian Penal Code.
3. According to prosecution case, the petitioner along
with other co-accused persons is alleged to have kidnapped the
brother of the informant and detained him at a place of a liquor
mafia in Haryana where he was allegedly beaten.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is false
and fabricated. He further submits that the victim was recovered
Patna High Court CR. MISC. No.79179 of 2025(4) dt.29-01-2026
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and his statement was recorded under Section 164 Cr.P.C in which
he has stated that the petitioner along with other co-accused
persons have kidnapped him but the co-accused person, namely,
Prashant Kumar Singh, against whom there is similar allegation
has been granted the privilege of regular bail by the co-ordinate
Bench of this Court vide order dated 19.06.2025 in Cr. Misc. No.
11534 of 2025. He further submits that the police after
investigation submitted the charge sheet against the petitioner and
the petitioner is in custody since 26.04.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that name of the petitioner transpired on the basis of
statement of the victim which is recorded under Section 164 Cr.P.C
and apart from that the petitioner carries four criminal antecedents
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail in
the pending matters.
6. Considering the aforesaid facts and circumstances and
the fact that similarly situated co-accused person has been granted
the privilege of regular bail by the co-ordinate Bench of this Court,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.79179 of 2025(4) dt.29-01-2026
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like amount each to the satisfaction of the learned 3 rd Additional
Sessions Judge, East Champaran, Motihari in connection with
Pakaridayal Case No. 231 of 2023, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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