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Patna High Court

Mithilesh Yadav @ Mithilesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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