Patna High Court
Jitendra Yadav @ Karu GopeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Jitendra Yadav, was in judicial custody for offences under Sections 137(2), 140(3), 109, 3(5) of the B.N.S, Section 27 of the Arms Act and later Section 103(1) of the B.N.S, alleged to have kidnapped an informant's son. He contended that he was falsely implicated and that his earlier regular bail application had been rejected, while a co-accused had already been granted bail. The State opposed the bail request. The Court examined the nature of the allegations, the length of the petitioner’s custody since 23‑10‑2024, and the fact that a co‑accused was on bail. Considering these circumstances, the Court ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges and his period of custody.
Legislation cited
Subjects
- bail
- kidnapping
- false implication
- criminal procedure
- Arms Act
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82838 of 2025
Arising Out of PS. Case No.-717 Year-2024 Thana- BIHAR District- Nalanda
======================================================
Jitendra Yadav @ Karu Gope Son of Jagdish Yadav Resident of village-
Patuana, Ps- Bihar, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Advocate
Mr. Rahul Singh, Advocate
Mr. Adarsh Parihar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Bihar P.S Case No. 717 of 2024 registered for the offences
punishable under Sections 137(2), 140(3), 109, 3(5) of B.N.S
and Section 27 of the Arms Act and subsequently Section 103(1)
of B.N.S was also added.
3. As per prosecution case, it is alleged that petitioner
along with co-accused have kidnapped the son of the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is further
submitted that earlier prayer for regular bail of the petitioner
Patna High Court CR. MISC. No.82838 of 2025(3) dt.09-01-2026
2/2
was rejected by this Court in Cr. Misc. No. 18407 of 2025
which was heard along with Cr. Misc. No. 17742 of 2025 vide
order dated 02.07.2025. It is further submitted that co-accused
has already granted bail by this Court. It is also submitted that
petitioner is in judicial custody since 23.10.2024.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, co-accused has
already granted bail by this Court and submissions made on
behalf of the petitioner, let the above named petitioner 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 learned District and Additional Sessions Judge-I-
cum-Special Judge, Nalanda at Biharsharif in connection with
Bihar P.S Case No. 717 of 2024.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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