Patna High Court
Rikosh Yadav @ Rikosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, finding the allegations doubtful and noting his clean antecedent.
Summary
Petitioner Rikosh Yadav was named by an informant in a kidnapping case (PS Case No. 332 of 2024) under Sections 137(2) and 87 of the B.N.S. The informant's 18‑year‑old daughter went missing and the informant alleged that Yadav abducted her. Yadav's counsel argued that the victim’s own statement, recorded under Sections 180 and 183, showed she left home voluntarily, that Yadav helped locate her, and that the FIR was filed with an unjustified delay, indicating false implication. The State opposed the bail application. Considering the doubtful nature of the allegation, the victim’s statement, and Yadav’s clean antecedent, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner should be granted bail despite the kidnapping allegations under Sections 137(2) and 87 of the B.N.S.
- Whether the allegations against the petitioner constitute a false implication given the victim’s statement and delay in filing the FIR
Legislation cited
Subjects
- bail
- kidnapping
- false implication
- clean antecedent
- Section 482
- Criminal Procedure
- Section 137
- Section 87
- Section 180
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24347 of 2026
Arising Out of PS. Case No.-332 Year-2024 Thana- PARAIYA District- Gaya
======================================================
Rikosh Yadav @ Rikosh Kumar S/o Vijay Yadav R/o Village - Manjhiyawan ,
P.s- Konch, District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brijmohan Das, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Paraiya P.S. Case
No. 332 of 2024 registered for the offences under Sections
137(2), 87 of B.N.S.
3. As per prosecution case, 18 years old daughter
of the informant went missing and the informant named this
petitioner who kidnapped her daughter.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The petitioner has been made accused in this case merely
on suspicion. The victim was student in the coaching institute of
the petitioner. The statement of the victim girl was recorded
under Sections 180 and 183 of BNSS wherein she stated that
Patna High Court CR. MISC. No.24347 of 2026(2) dt.24-04-2026
2/3
she left the house on her own and never met the petitioner. She
further stated that she contacted the petitioner on telephone and
the petitioner instructed her to return home and the petitioner
also informed the cousin of the victim about her leaving the
house. Learned counsel further submits that not a single word
has been uttered against the petitioner for any wrong doing.
From the statement of the victim recorded by the police as well
as before the learned Magistrate, it transpires that the petitioner
has no concern with the alleged occurrence rather he helped the
informant's family by giving information about the location of
the victim. The petitioner even accompanied the informant in
search of her daughter. Learned counsel further submits that the
father of the victim brought her from Dhanband on 03.10.2024
and her mother lodged this false case on the same day against
the petitioner. Learned counsel further submits that it is a case of
false implication and it is also clear from the delay in lodging
the FIR as the occurrence said to have taken place on
30.09.2024 but without any satisfactory explanation, the FIR
has been lodged on 03.10.2024. The petitioner is having clean
antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
Patna High Court CR. MISC. No.24347 of 2026(2) dt.24-04-2026
3/3
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioner and further
considering his clean antecedent, let the petitioner above named,
in the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, Ist Class,
Gaya/concerned court in connection with Paraiya P.S. Case No.
332 of 2024, subject to the condition as laid down under Section
482(2) of the B.N.S.S. and other following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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