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Patna High Court

LALO YADAVversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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