Patna High Court
Milton Yadav @ Milton KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Milton Yadav, applied for anticipatory bail in connection with a case registered under Sections 364 and 34 of the Indian Penal Code, alleging kidnapping and murder of an informant's younger brother. The prosecution alleged that the petitioner was involved in the abduction and subsequent disposal of the victim's body. The petitioner argued that he has a clean antecedent and is innocent, claiming political victimisation. The State opposed the bail, emphasizing the seriousness of the allegations and noting that two earlier anticipatory bail applications had been rejected. Considering the gravity of the offence and the prior rejections, the court declined to grant anticipatory bail, dismissing the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving kidnapping and murder under Sections 364 and 34 IPC.
- Whether the seriousness of the allegations and prior denial of anticipatory bail justify refusal of the current application.
Legislation cited
- Indian Penal Code — s. 34, 364
Subjects
- anticipatory bail
- kidnapping
- IPC
- Section 364
- Section 34
- criminal procedure
- bail denial
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91368 of 2025
Arising Out of PS. Case No.-132 Year-2021 Thana- CHAUSA District- Madhepura
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Milton Yadav @ Milton Kumar S/o Late Siyaram Yadav Resident of Village-
Bhatgam, P.S.- Chausa, District- Madhepura, Pin Code- 852213, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhukar Mohan, Adv.
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner seek bail in anticipation of his arrest
in a case registered for the offences punishable under Sections
364 & 34 of the IPC in connection with Chausa P.S. Case
No.132 of 2021.
3. As per the prosecution case, it is stated that when
the younger brother of the informant started his motorcycle, the
petitioner came and asked him to accompany him. Thereafter,
the petitioner started driving the motorcycle. Soon thereafter the
accused persons named in the F.I.R. came in a four wheeler
vehicle and kidnapped the informant’s younger brother.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent. Further submits that petitioner is
innocent and has committed no offence and due to local village
Patna High Court CR. MISC. No.91368 of 2025(2) dt.15-01-2026
2/2
politics falsely been implicated in the present case.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the allegation levelled
against the petitioner is serious in nature i.e. of kidnapping the
younger brother of the informant and of murdering him and also
of disposing of the body as well as for not disclosing that the
petitioner had earlier filed an Anticipatory Bail Application
No.29 of 2022 which was rejected by the court below on
24.02.2022 and thereafter, again second anticipatory bail
application was preferred vide Anticipatory Bail Application
No.666 of 2025, which was again rejected on 17.07.2025, I am
not inclined to extend the privilege of anticipatory bail to the
petitioner, accordingly, the anticipatory bail application is
rejected.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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