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Patna High Court

Jang Bahadur YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U         T


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