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Patna High Court

Amit Kumar Yadav @ Amit YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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