Patna High Court
Jang Bahadur YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Jang Bahadur Yadav and Subhash Kumar, were arrested in connection with a 2024 FIR alleging criminal trespass, kidnapping of a minor, and related offences under IPC sections 363, 366(A) and 34. They claimed the alleged victim, a 15‑year‑old girl, had voluntarily left her parental home, married a co‑accused, and that they were merely relatives of that co‑accused, with no direct participation in the crime. The police had submitted a final report against them, but the magistrate proceeded to take cognizance. The petitioners sought bail, arguing lack of specific involvement and clean antecedents, while the State opposed. The High Court, after considering the prima facie nature of the allegations and the petitioners' familial connection to the main accused, granted bail to both, subject to a bond of Rs.10,000 with two sureties each, under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to bail despite the FIR alleging kidnapping and criminal trespass.
- Whether the allegations against the petitioners constitute a sufficient ground to deny bail under Section 482(2) of the BNSS.
- Whether the petitioners' relationship to the co‑accused affects the grant of bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 34, 363, 366A
Subjects
- bail
- IPC
- Section 363
- Section 366A
- Section 34
- Section 482(2) BNSS
- kidnapping
- criminal trespass
- minor
- family members
- Madhepura
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19014 of 2026
Arising Out of PS. Case No.-648 Year-2024 Thana- MADHEPURA District- Madhepura
======================================================
1. Jang Bahadur Yadav Son of Late Jtan Yadav Resident of Village- Sakarpura
Ward No. 02, P.S.- Bharrahi, District- Madhepura.
2. Subhash Kumar @ Subhash Yadav S/o Upendra Yadav Resident of Village-
Sakarpura Ward No. 02, P.S.- Bharrahi, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Bharrahi P.S. Case No. 648 of
2024 registered for the offences punishable under Sections
363, 366(A), 34 of the IPC.
3. As per FIR, petitioners alongwith other co-
accused persons after a criminal trespass to the house of the
informant kidnapped the minor sister of the informant, aged
about 15 years.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.19014 of 2026(2) dt.31-03-2026
2/3
behalf of the petitioners that sister of the informant was in
love affairs with co-accused Babli Yadav and she left her
parental house out of her own sweet will. It is pointed out
that she solemnized marriage with Babli Yadav and living
happily having two childrens. It is submitted that petitioner
no. 1 implicated only being uncle of main co-accused Babli
Yadav and petitioner no. 2 as own brother, who otherwise
facing very much general and omnibus allegation as per face
of FIR.
5. Arguing further, it is submitted that police after
investigation submitted final form against both petitioners
but learned Magistrate by taking different note, took
cognizance against both petitioners.
6. Explaining criminal antecedent, it is pointed out
that petitioner no. 1 is a man of clean antecedent and
petitioner no. 2 found involved in one case, where also police
after investigation submitted closure report against him.
7. Learned APP opposed the prayer of bail.
8. In view of aforesaid factual submissions and by
taking note of fact as the thrust of allegation is available
Patna High Court CR. MISC. No.19014 of 2026(2) dt.31-03-2026
3/3
against co-accused Babli Yadav, where both petitioners
prima facie appears to be implicated being relative/family
members of co-accused Babli Yadav with general and
omnibus allegation qua their participation with crime in
question, accordingly, both above named petitioners, in the
event of their arrest or surrender before the learned trial
Court, within a period of four weeks of the order, are
directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned
C.J.M., Madhepura/concerned Court, where the case is
pending in connection with Bharrahi P.S. Case No. 648 of
2024 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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