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2025 DAILYLAW 28629 (PAT)

Dayal Yadav v. The State of Bihar

CR. MISC./17742/2025 · 2025-07-02

Ramesh Chand Malviya

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17742 of 2025 Arising Out of PS. Case No.-717 Year-2024 Thana- BIHAR District- Nalanda ====================================================== 1. Dayal Yadav S/o Jagdish Yadav R/o Village- Patuana, Police Station- Bihar, District- Nalanda 2. Sharwan Yadav @ Bhudan Yadav S/o Jagdish Yadav R/o Village- Patuana, Police Station- Bihar, District- Nalanda 3. Jagdish Yadav S/o Late Lakhan Yadav R/o Village- Patuana, Police Station- Bihar, District- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18407 of 2025 Arising Out of PS. Case No.-717 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Jitendra Yadav @ Karu Gope S/O Jagdish Yadav Village- Patuana, Police Station- Bihar, District- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 17742 of 2025) For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP (In CRIMINAL MISCELLANEOUS No. 18407 of 2025) For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 4 02-07-2025 Re:- Cr. Misc. No.17742 of 2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are in custody in connection with Patna High Court CR. MISC. No.17742 of 2025(4) dt.02-07-2025 2/3 Bihar P.S Case No. 717 of 2024 registered for the offences punishable under Sections 137(2), 140(3), 109, 3(5), 103(1) of the B.N.S. 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 there is no positive evidence come against these petitioners and no one seen the petitioners along with the victim. The name of the petitioners transpired only on suspicion. It is also submitted that petitioner no. 1 is languishing in jail since 09.12.2024, petitioner no. 2 is languishing in jail since 20.09.2024 and petitioner no. 3 is languishing in jail since 09.12.2024. 5. However, learned APP for the State opposes the prayer for regular bail of the petitioners. 6. On perusal of the FIR and impugned order, it appears that petitioners are not available in his house at the time of occurrence and no one has seen the petitioners with the victim and name of the petitioners came in this case on suspicion. 7. Considering the aforesaid facts and circumstances Patna High Court CR. MISC. No.17742 of 2025(4) dt.02-07-2025 3/3 of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-cum-Special Judge, Nalanda at Biharsharif/ concerned Court in connection with Bihar P.S Case No. 717 of 2024. Re:- Cr. Misc. No. 18407 of 2025 8. As far as Jitendra Yadav @ Karu Gope is concerned, one country made pistol, empty cartridges recovered from the the possession of the petitioner, namely, Jitendra Yadav @ Karu Gope as stated in the case diary. He is custody since 23.10.2024. 9. Hence, prayer for regular bail of the petitioner, namely, Jitendra Yadav @ Karu Gope is rejected with liberty that petitioner may renew his prayer for regular bail of the petitioner before trial Court after completion of one year of custody. Mayank/- (Ramesh Chand Malviya, J) U T