Patna High Court
Mithilesh Yadav @ Mithilesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, directing release upon furnishing the prescribed bond and sureties.
Summary
Mithilesh Yadav, a 19‑year‑old, was arrested in connection with an alleged kidnapping of a minor girl and charged under Sections 137(2), 96, 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act. The petitioner argued that he was falsely implicated, that the FIR was lodged 94 days after the alleged incident, and that the victim’s statement recorded under Sections 180 and 183 of the BNSS did not support the prosecution. The State opposed bail, citing the seriousness of the offences. The Court considered the delay in filing the FIR, the lack of corroborative victim testimony, and the petitioner’s young age and antecedent of only one prior case. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, pending trial in the Rudrapur P.S. case.
Issues considered
- Whether the delay of 94 days in filing the FIR warrants granting bail.
- Whether the victim’s statement under Sections 180 and 183 BNSS, which does not support the prosecution, affects the bail decision.
- Whether the seriousness of the offences under the BNS Act and POCSO Act precludes bail for the petitioner.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 3(5), 96
- Bihar Narcotic Substances (BNSS) Act — s. 180, 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- kidnapping
- minor
- POCSO
- delay in FIR
- false implication
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2120 of 2026
Arising Out of PS. Case No.-17 Year-2025 Thana- RUDRAPUR District- Madhubani
======================================================
Mithilesh Yadav @ Mithilesh Kumar Yadav S/o Ram Chandra Yadav @ Lattu
Yadav R/o Village- Madanpatti, PS- Rudrapur, District- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. xxxx W/o Late Laxman Yadav R/o vill - Nagar Parisad, P.s.- Jhanjharpur,
Distt.- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Adv.
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 137(2), 96, 3(5) of the BNS,
2023 and Sections 4 and 6 of POCSO Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and is a young boy aged
about 19 years and is in custody since 29.07.2025 and the
informant alleges that her minor daughter was kidnapped by the
petitioner and Ramchandra along with 3-4 unknown accused.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.2120 of 2026(2) dt.24-04-2026
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informant. It is next submitted that the date of occurrence is
14.11.2024 and the FIR came to be instituted on 18.02.2025 i.e.
after a delay of more than 94 days, which casts an aspersion on
the case of the prosecution. It is also submitted that the victim
has come back and her statement was recorded under Section
180 and 183 BNSS, wherein she has not supported the case of
the prosecution rather the statement recorded under Section 183
BNSS, the victim has said that she went to her aunt’s village
without informing her mother as stands recorded in the order
impugned.
5. Learned A.P.P. opposes the prayer for bail of the
petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Rudrapur
P.S. Case No.17 of 2025.
(Satyavrat Verma, J)
amit/-
U T
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