Patna High Court
LALO YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
Lalo Yadav was arrested in connection with a kidnapping case (P.S. Banmankhi Case No. 307 of 2020) alleged under Sections 363 and 366(A) of the Indian Penal Code for abducting the minor daughter of an informant. The victim, a 13‑year‑old girl, gave a statement under Sections 180 and 183 of the Bihar Non‑Statutory (BNSS) indicating she was forcibly taken onto the petitioner’s bike, but she was recovered after eight days. The petitioner, who has no prior criminal record and has been in judicial custody since 23‑04‑2025, applied for bail. The State opposed the bail on the seriousness of the offence. After hearing both sides, the Patna High Court, considering the lack of other allegations, the recovery of the victim, and the petitioner’s clean antecedents, ordered that bail be granted on a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused charged with kidnapping and kidnapping of a minor under Sections 363 and 366(A) of the IPC, given the circumstances of the case.
Legislation cited
- Indian Penal Code — s. 363, 366A
Subjects
- kidnapping
- minor
- bail
- Indian Penal Code
- BNSS
- judicial custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19762 of 2026
Arising Out of PS. Case No.-307 Year-2020 Thana- BANMANKHI District- Purnia
======================================================
Lalo Yadav S/o Batal Yadav R/o Vill.- Teknawa, Ward no. 9, P.S.- Saur Bazar,
Dist.- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Banmankhi P.S. Case No.307 of 2020 registered for the
offence punishable under Sections 363 and 366(A) of the Indian
Penal Code.
3. The case of the prosecution, in short, is that the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the order of the
learned trial court it will transpire that the learned trial court has
recorded that the victim has given her statement under Sections
180 and 183 of the BNSS wherein she has stated that the
petitioner forcibly boarded her on his bike. In her statement
Patna High Court CR. MISC. No.19762 of 2026(2) dt.25-03-2026
2/2
under Section 183 of the BNSS she has stated that she is aged
about 13 years. Learned counsel for the petitioner has further
submitted that only allegation against the petitioner is that he
has taken away the minor daughter of the informant who was
recovered after eight days. There is no any other allegation
against the petitioner. Learned counsel for the petitioner has
further submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 23.04.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Additional Chief Judicial Magistrate, 1st Purnea in connection
with Banmankhi P.S. Case No.307 of 2020.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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