Tuntun Yadav @ Tuntun Kumar Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Tuntun Yadav @ Tuntun Kumar Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Babubarhi P.S. Case No. 535 of 2024.

Issue for consideration

Whether the petitioner should be granted 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, in view of his period of custody, claim of parity with the co-accused already enlarged on bail, and submission of the charge sheet.

Ratio / Principle

The Court granted bail to the petitioner having regard to the facts and circumstances of the case, the period of custody of the petitioner, the claim based on parity, and the charge sheet having been submitted.

Key takeaways

The petitioner was directed to 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 the Court below/concerned Court in connection with Babubarhi P.S. Case No. 535 of 2024.ratio¶20

Detailed headnote1 paragraphs

Bail granted. Patna High Court (Hon'ble Mr. Justice Rudra Prakash Mishra, J.) allowed the bail application of the petitioner in connection with Babubarhi P.S. Case No. 535 of 2024 (District Madhubani), instituted for the offence under Sections 140(2) & 140(3) of the Bharatiya Nyaya Sanhita, 2023, wherein the petitioner along with other co-accused persons is accused of kidnapping two persons. Grounds relied upon: petitioner in custody since 16-12-2024; no criminal antecedent; petitioner not named in the FIR, his name having transpired on the basis of the confessional statement of co-accused Bablu Yadav; no ransom transaction attributable to the petitioner; the victim's statement recorded under Section 183 of the BNSS, 2023 neither named the petitioner nor levelled any allegation against him; a co-accused had already been enlarged on bail by a Co-ordinate Bench vide order dated 16-04-2025 in Cr. Misc. No. 17258 of 2025 (parity); and the charge sheet had been submitted despite learned A.P.P.'s opposition. Bail ordered on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20272 of 2025

Arising Out of PS. Case No.-535 Year-2024 Thana- BABUBARHI District- Madhubani

======================================================

Tuntun Yadav @ Tuntun Kumar Yadav Son of Kapleshwar Yadav Resident of Village - Baturi, P.S.- Pandaul, District - Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Kumari Pallavi, Advocate For the Opposite Party/s : Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 05-08-2025

Heard learned counsel for the petitioner and 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 no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.20272 of 2025(3) dt.05-08-2025 2/3

5. It has been further submitted by the petitioner’s 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 confessional statement of coaccused, namely, Bablu Yadav 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. Victim in his statement recorded under Section 183 of the BNSS, 2023, has not named the petitioner and there is no allegation against the petitioner in his statement. 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.

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 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.20272 of 2025(3) dt.05-08-2025 3/3

Court below/concerned Court in connection with Babubarhi

P.S. Case No. 535 of 2024.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T