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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79179 of 2025

Arising Out of PS. Case No.-231 Year-2023 Thana- PAKRIDAYAL District- East Champaran

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Satyendra Ram S/o Maulvi Ram R/o Village- Thikaha Bankat, P.S- Pakridayal, Dist-

East Champaran, Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate

For the Opposite Party/s : Mr. Tapeshwar Sharma, APP

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

ORAL ORDER

4 29-01-2026 Heard Mr. Rajesh Kumar, learned counsel for the

petitioner as well as Mr. Tapeshwar Sharma, learned Additional

Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

26.04.2025 in connection with Sessions Trial P.S. Case No. 1028

of 2025 arising out of Pakaridayal Case No. 231 of 2023, F.I.R.

dated 01.11.2023 for the offences punishable under Sections

364(A)/34 of the Indian Penal Code.

3. According to prosecution case, the petitioner along

with other co-accused persons is alleged to have kidnapped the

brother of the informant and detained him at a place of a liquor

mafia in Haryana where he was allegedly beaten.

4. Learned counsel for the petitioner submits that

petitioner is innocent and he has falsely been implicated in the

present case. The allegation levelled against the petitioner is false

and fabricated. He further submits that the victim was recovered

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and his statement was recorded under Section 164 Cr.P.C in which

he has stated that the petitioner along with other co-accused

persons have kidnapped him but the co-accused person, namely,

Prashant Kumar Singh, against whom there is similar allegation

has been granted the privilege of regular bail by the co-ordinate

Bench of this Court vide order dated 19.06.2025 in Cr. Misc. No.

11534 of 2025. He further submits that the police after

investigation submitted the charge sheet against the petitioner and

the petitioner is in custody since 26.04.2025.

5. The learned Additional Public Prosecutor has

vehemently opposed the prayer for bail of the petitioner and

submits that name of the petitioner transpired on the basis of

statement of the victim which is recorded under Section 164 Cr.P.C

and apart from that the petitioner carries four criminal antecedents

other than the present one but fairly submits on the basis of

paragraph-3 of the bail application that the petitioner is on bail in

the pending matters.

6. Considering the aforesaid facts and circumstances and

the fact that similarly situated co-accused person has been granted

the privilege of regular bail by the co-ordinate Bench of this Court,

let the petitioner, above named, be released on bail on furnishing

bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

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like amount each to the satisfaction of the learned 3^rd Additional

Sessions Judge, East Champaran, Motihari in connection with

Pakaridayal Case No. 231 of 2023, subject to the following

conditions:-

i. Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the court

and shall remain physically present as directed by the court and

on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

iii. And further condition that the court below 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 below shall take step for cancellation of bail

bond of the petitioner. However, the acceptance of bail bonds