Patna High Court
Sikendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and compliance with conditions under Section 482(2) of the B.N.S.S.
Summary
Sikendra Yadav was implicated in a kidnapping case (B.N.S. Sections 96 and 3(5)) after the minor daughter of an informant went missing. The prosecution alleged that Yadav, his son Amarjeet Kumar, and the informant’s daughter were involved in the abduction. Yadav contended that he was falsely implicated solely because he is the father of the co‑accused and that he had no knowledge of the crime or the whereabouts of his son. The court noted the vague and doubtful nature of the allegations and the possibility of false implication. Considering these factors, the court ordered that Yadav be released on bail upon furnishing a bond of Rs.10,000 with two sureties and complying with conditions under Section 482(2) of the B.N.S.S. and other directions. The bail was granted subject to the petitioner’s presence in court as required.
Issues considered
- Whether the petitioner, Sikendra Yadav, should be granted bail despite the allegations of kidnapping under B.N.S. Sections 96 and 3(5).
- Whether the allegations against the petitioner are sufficiently substantiated to deny bail.
Legislation cited
Subjects
- bail
- kidnapping
- false implication
- minor
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24349 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- Bharatkhand District- Khagaria
======================================================
Sikendra Yadav S/O Late Gholti Yadav Resident of Village- Yaduvansh Nagar
Bharatkhand, P.S.- Bharatkhand, Dist.- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rekha Devi Kailash Kumar Mandal Resident of Village- Naya Baas
Bharatkhand, P.S.- Bharatkhand, Dist.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Nirala, Advocate
For the Opposite Party/s : Mrs.Sangeeta Sharma, 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 Bharatkhand P.S.
Case No. 48 of 2025 registered for the offences under Sections
96, 3(5) of B.N.S.
3. As per prosecution case, the minor daughter of
the informant went to school but she did not return. The
informant came to know about co-accused son of the petitioner
and the petitioner himself being involved in the kidnapping of
the minor daughter of the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.24349 of 2026(2) dt.24-04-2026
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the petitioner is innocent and has falsely been implicated in this
case merely on suspicion. He has been made accused in this
case only due to the fact that he is the father of co-accused
Amarjeet Kumar. There was love affair between the daughter of
the informant and the son of the petitioner and both of them
eloped and the petitioner has been made accused without any
substantive material against him. The petitioner does not know
about whereabouts of his co-accused son as after the occurrence
his mobile phone had been switched off and there is no contact
of the petitioner with his son. The petitioner could not be made
liable for the acts of his son. The petitioner bears clean
antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague and doubtful nature of allegation against the petitioner
and further considering the possibility of false implication, 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
Patna High Court CR. MISC. No.24349 of 2026(2) dt.24-04-2026
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of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Khagaria/concerned court in connection
with Bharatkhand P.S. Case No. 48 of 2025, 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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