Patna High Court
Kaushal Kumar @ Teni YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Kaushal Kumar (alias Teni Yadav), was arrested in connection with a kidnapping alleged to have occurred while he was delivering a marriage invitation, resulting in charges under Sections 137(2)/64 of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act. He had been in custody for one and a half years and claimed innocence, asserting a consensual relationship with the minor victim and presenting an affidavit and photographs in support. The State opposed his request for regular bail. The High Court, after considering the facts and the length of detention, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount, subject to his appearance on all court dates. The order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- Whether regular bail can be granted in a case involving kidnapping of a minor under the Bihar Narcotic Substances Act and the POCSO Act
- Whether the prolonged pre‑trial detention of one and a half years justifies bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 64
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- kidnapping
- minor
- POCSO Act
- regular bail
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53711 of 2025
Arising Out of PS. Case No.-362 Year-2024 Thana- ISLAMPUR District- Nalanda
======================================================
Kaushal Kumar @ Teni Yadav S/o Jay Prakash Yadav @ Jayprakash Prasad
@ Jay Prakash Kumar R/o Village - Bhagwatpur, P.S - Islampur District
Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dharmsingh Yadav S/o Shivji Yadav R/o Village - Dharampur, P.S - Telhara,
District - Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
7 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Islampur P.S. Case No. 362 of 2024 registered for the offence
punishable under Sections-137(2)/64 of BNS, 2023 and Section-
4/6 of the POCSO Act.
3. Allegedly, in course of going to her friend’s house
to distribute invitation card of marriage, the informant’s
daughter was forcibly kidnapped by the petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. There was love and affection between the petitioner
Patna High Court CR. MISC. No.53711 of 2025(7) dt.20-01-2026
2/2
and the victim. In support of his contention, the learned counsel
for the petitioner has filed supplementary affidavit along with
his photograph and the alleged victim. The petitioner is under
custody for one and a half years.
5. Learned counsel appearing for the State has
opposed the prayer for bail.
5. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional District
Judge-VII-cum- Special Judge, POCSO Judge, Biharsharif, Nalanda
in connection with Islampur P.S. Case No. 362 of 2024 with
condition that the petitioner will appear in the court below on
each and every date fixed in the case.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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