Patna High Court
Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that despite the petitioner’s criminal antecedents and the victim’s statement, the lack of substantive evidentiary basis and the filing of the charge‑sheet warranted the grant of bail with conditions.
Summary
The petitioner, Bablu Yadav, was arrested in connection with a kidnapping case under Sections 140(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023, and has been in custody since 16‑12‑2024. He claimed false implication, noting that his name was not in the FIR and that his self‑confessional statement lacked evidentiary value, and highlighted the absence of any ransom transaction. The State opposed bail, relying on the victim’s statement recorded under Section 183 of the BNSS and the petitioner’s seven prior criminal antecedents. The Court considered the period of custody, the filing of the charge‑sheet, and the principle of parity, and decided to grant bail subject to monetary surety and strict conditions. The bail order required the petitioner to appear at every trial date, refrain from tampering with evidence or influencing witnesses, and provided for cancellation of bail upon violation.
Issues considered
- Whether bail should be granted to the accused under Sections 140(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023 despite his criminal antecedents and the victim’s statement under Section 183.
- Whether a self‑confessional statement, in the absence of the petitioner’s name in the FIR, has any evidentiary value for denying bail.
- Whether the filing of the charge‑sheet and the principle of parity justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 140(3), 183
Subjects
- bail
- kidnapping
- false implication
- charge sheet
- surety
- BNSS
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86876 of 2025
Arising Out of PS. Case No.-535 Year-2024 Thana- BABUBARHI District- Madhubani
======================================================
Bablu Yadav Son of Rambilakshan Yadav Resident of Village - Batoori, P.S.-
Pandaul, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Ms.Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and Ms. Renu
Kumari, learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Babubarhi P.S. Case No. 535 of 2024 instituted for the offence
under Sections 140(2) & 140(3) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner along
with other co-accused person is accused of kidnapping two
persons.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 16-12-2024. Petitioner
bears seven criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.86876 of 2025(3) dt.09-02-2026
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counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of his self confessional statement and
the same has no evidentiary value in the eye of law. Admittedly,
there is no transaction with regard to ransom made to the
petitioner. Other co-accused has been enlarged on bail by a Co-
ordinate Bench of this Court vide order dated 16-04-2025,
passed in Cr. Misc. No. 17258 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Charge
sheet has already been submitted in this case. The victim in his
statement recorded under Section 183 of the BNSS has stated
regarding involvement of the petitioner in the present case.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge-sheet being submitted, this Court is inclined to
grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Babubarhi P.S. Case No. 535 of 2024,
Patna High Court CR. MISC. No.86876 of 2025(3) dt.09-02-2026
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subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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