Patna High Court
Kare Yadav @ Kalu YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Criminal Procedure Code — s. 161, 164
- Indian Penal Code — s. 363, 365
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.