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Patna High Court

Kare Yadav @ Kalu YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was denied.

Summary

Kare Yadav, also known as Kalu Yadav, was charged under Sections 363 and 365 of the Indian Penal Code for allegedly kidnapping an 11‑year‑old boy for ransom. He has been in custody since 18 March 2024. The petitioner argued that the allegations were based only on suspicion and that the incident did not constitute kidnapping. The court noted that the victim’s statements recorded under Sections 161 and 164 of the Criminal Procedure Code, along with the testimony of multiple witnesses, supported the kidnapping charge. Considering the evidence, the court was not inclined to grant bail and rejected the bail application.

Issues considered

  • Whether the petitioner is entitled to bail in a kidnapping case under Sections 363 and 365 IPC
  • Whether the evidence on record establishes the offence of kidnapping

Legislation cited

Subjects

  • kidnapping
  • bail
  • Indian Penal Code
  • Criminal Procedure Code
  • minor
  • ransom

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39036 of 2026
                    Arising Out of PS. Case No.-9 Year-2024 Thana- MANSI RAIL P.S. District- Khagaria
                 ======================================================
                 Kare Yadav @ Kalu Yadav S/o Maheshwar Yadav Resident of Village-
                 Rajajan, P.S.- Mansi, District- Khagaria- 851214

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Hemant Kumar Karn, Advocate
                 For the State             :        Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                      2.       The petitioner seeks bail in connection with

                   Mansi Rail P.S. Case No.09 of 2024 registered for the offence

                   punishable under Sections 363 and 365 of the Indian Penal

                   Code.

                                      3.       The petitioner is accused of kidnapping a

                   minor boy, who is aged about 11 years. The petitioner is in

                   custody since 18.03.2024.

                                      4.       Learned counsel for the petitioner has

                   submitted that it is not a case of kidnapping. He further submits

                   that the petitioner has been implicated in this case only on the

                   basis of suspicion.

                                      5.       The victim is 11 year old boy. During
              Patna High Court CR. MISC. No.39036 of 2026(2) dt.07-07-2026
                                                          2/2




                        investigation, the role of the petitioner has come in the

                        kidnapping of the victim boy and the kidnapping was for

                        ransom. The statement of the victim boy recorded under

                        Sections 161 and 164 of the Cr. P.C. supports the kidnapping. In

                        the trial, almost all the witnesses have been examined.

                                        6.      In view of the aforesaid, I am not inclined to

                        grant bail to the petitioner. Accordingly, this bail application is

                        rejected.


                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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