Patna High Court
Amit Kumar Yadav @ Amit YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the regular bail application.
Summary
The petitioner, Amit Kumar Yadav, was arrested in connection with a kidnapping case (PS Case No. 267 of 2024) where a pistol was also recovered. He is charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, and has been in custody since March 12, 2025 with four prior criminal antecedents. The victim’s statement implicates the petitioner, and the charges have already been framed. The petitioner sought regular bail for the second time, arguing that charges were framed. The court, noting the gravity of the offences, the existence of a weapon, the victim’s testimony, and the petitioner’s criminal history, declined to grant bail and dismissed the application.
Issues considered
- Whether regular bail should be granted to the petitioner despite charges being framed and the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 127(2), 140(2), 308(4), 310(4), 310(5), 3(5), 351(2), 352, 61(2)
Subjects
- bail
- kidnapping
- firearm possession
- criminal antecedents
- charges framed
- gravity of offence
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24544 of 2026
Arising Out of PS. Case No.-267 Year-2024 Thana- RAHIKA District- Madhubani
======================================================
Amit Kumar Yadav @ Amit Yadav S/o Arun Yadav R/o Village- Soh ash
(Sohos Kedvar), PS- Bisfi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash
For the Opposite Party/s : Mr.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Rahika P.S. Case No. 267 of
2024.
3. Earlier the bail application of the petitioner was
rejected vide order dated 27.08.2025 passed in Cr. Misc. No.
57777 of 2025 which reads as under:-
Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Rahika P.S. Case No. 267 of 2024
registered for the offence under Sections 310(4),
310(5), 126(2), 115(2), 140(2), 308(4), 127(2), 352,
351(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Sections 25(1-B)a, 26 & 35 of the Arms
Act.
Patna High Court CR. MISC. No.24544 of 2026(2) dt.01-05-2026
2/2
3. As per the prosecution case, the police
got an information that petitioner and others had
kidnapped a victim and kept him somewhere else.
When the police raided the house of the petitioner,
one country made pistol was recovered from one
room and thereafter the victim was recovered from
another room.
4. The petitioner has been named in the
statement of the victim. The petitioner is in custody
since 12.03.2025 and has four criminal
antecedents.
5. Considering the aforesaid facts, I am
not inclined to grant regular bail to the petitioner.
Accordingly, this application for regular bail is
hereby dismissed.
4. Learned counsel for the petitioner, very fairly
submits that the charges has been framed in this case.
5. In view of the fact that charges have been framed in
this case and considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
Vikas/-
U
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