Patna High Court
Prince Yadav @ Prince RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court held that bail should be granted to the petitioner, subject to a bond, sureties and verification of his criminal antecedents.
Summary
Petitioner Prince Yadav sought bail after being implicated in Jamui P.S. Case No.549 of 2025 for alleged offences under Sections 140(2), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, involving a purported kidnapping and ransom demand. The prosecution’s FIR alleged that the petitioner was part of a gang that abducted an informant and his son, took them to a riverbank and demanded Rs.4,00,000. The petitioner contended that he was not present at the scene, that the allegations were directed only at Pawan Yadav and Shahwaz Khan, and that the informant’s mobile numbers did not belong to him. The State opposed bail, citing three prior criminal antecedents of the petitioner. The Court observed that the dispute between the families and the lack of specific allegation against the petitioner warranted a liberal approach, and ordered his release on bail with a Rs.10,000 bond, two sureties, and a condition that his antecedents be verified under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is liable to be arrested and denied bail on the basis of the allegations under Sections 140(2), 61(2) and 3(5) of the B.N.S., 2023.
- Whether the petitioner’s prior criminal antecedents justify refusal of bail.
- Whether bail can be granted subject to verification of the petitioner’s antecedents under Section 482(2).
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 140(2), 3(5), 61(2)
Subjects
- bail
- kidnapping
- ransom
- criminal antecedent
- Section 482
- Bihar Narcotic Substances Act
- dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9265 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- JAMUI District- Jamui
======================================================
Prince Yadav @ Prince Raj S/O Raveesh Chandra R/O Village- Amari, P.S-
Khaira, Dist.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Senior Advocate
Mr. Akash Raj, Advocate
Mr. Rajit Ranjan, Advocate
Ms. Nikita Mittal, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 22-04-2026 Heard the learned Senior Counsel for the petitioner
and the learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Jamui P.S. Case No.549 of 2025, for allegedly having
committed offences under Sections 140(2), 61(2) and 3(5) of the
B.N.S., 2023.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to
the effect that on the date of occurrence, while he and his son
had gone to Jamui civil court in connection with a case, one
Pawan Yadav and Shahwaz Khan together with 8-9 accused
persons came to the court and told his son that your deposition
will be recorded in court only after 02:00 p.m. and took the
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informant and his son with them on two different motorcycles. It
is further alleged that the accused persons took the informant
and his son to Panchmandir and from there, the informant was
taken to the bank of Bachhiyar river by two persons. Thereafter,
both the persons asked the informant to talk to his son and the
son of the informant told the informant about demand of ransom
of Rs.4,00,000/-. The son of the informant also told the
informant that if the demand of ransom would not be fulfilled,
he would be killed. To arrange the ransom amount, both the
persons left the informant at Mahisauri Chowk and they also
called from mobile number mentioned in the First Information
Report on the mobile number of the wife of the informant and
asked for ransom to the tune of Rs.4,00,000/-. The accused
persons also called from another number mentioned in the First
Information Report and asked the informant to come with the
ransom amount in 10 minutes. The informant further alleged
that the petitioner and other persons are also members of the
gang of Pawan Yadav and Shahwaz Khan.
4. The learned Senior Counsel for the petitioner
submits that the petitioner is not at all involved in the present
case and the informant has not even seen the petitioner to be
present at the place of occurrence. The allegation of taking away
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his son is against Pawan Yadav and Shahwaz Khan and even the
allegation of demanding ransom has been levelled against
Pawan Yadav and Shahwaz Khan. There is no allegation against
the petitioner or other accused persons except Pawan Yadav and
Shahwaz Khan. It is further submitted that even the mobile
numbers, which has been mentioned in the First Information
Report, does not belong to the petitioner. The learned Senior
Counsel for the petitioner further submits that there is a dispute
in between the parties from before, for which, the petitioner has
lodged Jamui P.S. Case No.577 of 2018, in which trial is going
on. The father of the petitioner was to depose in the said case
after two days from the date of the said occurrence and after
lodging of the First Information Report by the father of the
petitioner, three other cases have been lodged against the
informant side. The learned Senior Counsel for the petitioner
also submits that the petitioner has got three antecedents in
which he is on bail. It is lastly submitted that the alleged victim
came back on the same day to his house.
5. The learned A.P.P. for the State opposes the prayer
for bail of the petitioner and submits that the petitioner has got
three antecedents.
6. Considering the rival submissions and after going
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through the records, it appears that there is dispute in between
the family members of the petitioner and the informant side. The
father of the petitioner has lodged a case in the year 2018 being
Jamui P.S. Case No.577 of 2018 in which trial is going on and
one day after the occurrence, the statement of the father of the
petitioner was to be recorded and for putting pressure upon the
petitioner, he has falsely been implicated in the present case. It
further appears that no specific allegation has been levelled
against the petitioner and the allegation, if any, have been
levelled against Pawan Yadav and Shahwaz Khan.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Jamui in connection with Jamui P.S.
Case No.549 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S. with a further condition that:-
The learned court concerned 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 concerned shall take steps for cancellation of bail bond of
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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.
(Ritesh Kumar, J.)
Sanjay/-
U T
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