Patna High Court
Rakesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail could not be granted to the petitioners.
Summary
The petitioners, Rakesh Kumar Yadav and Hari Shankar Yadav, filed an anticipatory bail application fearing arrest in a kidnapping case (PS Ladaniya Case No.140 of 2025) where they are accused of abducting the informant’s grandson under Sections 140(1) and 3(5) of the B.N.S. The Court examined the material gathered during investigation and, considering the seriousness of the allegation, declined to grant anticipatory bail. Instead, the Court directed the petitioners to surrender before the district court within four weeks to seek relief on its merits. The order emphasized that the subsequent petition should be decided without prejudice from this interim order. Consequently, the anticipatory bail relief was denied and the petition was dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a kidnapping case under Sections 140(1) and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 140(1), 3(5)
Subjects
- anticipatory bail
- kidnapping
- B.N.S.
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56072 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- LADANIA District- Madhubani
======================================================
1. Rakesh Kumar Yadav son of Chandradeo Yadav Resident of village-
Chiknauta PS -Ladaniya District- Madhubani
2. Hari Shankar Yadav Son of Vijay Yadav Resident of village- Chiknauta PS
-Ladaniya District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv.
For the State : Mr. Anish Chandra, APP
For the Informant : Mr. Ashad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners, learned APP for
the State as also counsel representing the Informant.
2. The petitioners are apprehending their arrest in
connection with Ladaniya P.S. Case No. 140 of 2025 (G.R. No.
1006 of 2025) dated 05.05.2025 registered for the offence
punishable under Sections 140(1), 3(5) of the B.N.S.
3. As per prosecution case, the accusation against the
petitioners is of kidnapping the grandson of the Informant.
4. Looking to the nature of allegation, reference of which
finds mentioned in the order impugned dated 14.07.2025,
referring to the materials surfaced during course of
investigation, this Court is not inclined to grant the privilege of
Patna High Court CR. MISC. No.56072 of 2025(4) dt.21-01-2026
2/2
anticipatory bail to the petitioners.
5. However, the petitioners are directed to surrender
before the district court for seeking appropriate remedy within a
period of four weeks from today.
6. It is expected that on submission of appropriate
petition, his case should be considered on its own merit, without
being prejudiced by the order passed by this Court.
(Ajit Kumar, J)
rishi/-
U T
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