Patna High Court
Sonu Kumar Yadav @ Sangam YaduvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that anticipatory bail may be granted in the present kidnapping case, subject to specified conditions.
Summary
The petitioner, Sonu Kumar Yadav, sought anticipatory bail fearing arrest in a kidnapping case registered under Sections 137(2) and 140(3) of the B.N.S., 2023. The prosecution alleged that the petitioner kidnapped the minor son of the informant, while the petitioner contended that the case was false and retaliatory, arising from a prior kidnapping of his sister (Case No. 90 of 2025). The victim’s statement under Section 183 of the B.N.S. indicated he was brought to the police station by an acquaintance and did not allege any misbehavior, and a supplementary affidavit showed a compromise with the informant who no longer wished to pursue the case. The State opposed the anticipatory bail application. Considering the compromise, lack of prosecutorial interest, and the existence of a counter‑case, the Court granted anticipatory bail subject to a bail bond, sureties, a relative as a bailor, and cooperation with the investigation. The order was made under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted in a kidnapping case under Sections 137(2) and 140(3) of the B.N.S., 2023 given the alleged false nature of the complaint and a compromise with the informant.
- Whether the existence of a compromise and the informant's lack of interest in prosecution justify the exercise of discretion under Section 438(2) CrPC and Section 482(2) B.N.S., 2023 to release the petitioner on bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 140(3), 183, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- false complaint
- compromise
- Section 438 CrPC
- Section 482 B.N.S.
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58076 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- SANOKHAR District- Bhagalpur
======================================================
Sonu Kumar Yadav @ Sangam Yaduvanshi son of Late Nepali Yadav
Resident of Village- Kharhara P. S -Rasalpur, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 137 (2) and 140(3) of B.N.S, 2023.
3. As per the prosecution case, the allegation in the first
information report relates to kidnapping of minor son of the
informant.
4. Learned counsel for the petitioner submits that as a
matter of fact the sister of the present petitioner was kidnapped for
which Rasalpur P.S. Case No. 90 of 2025 dated 26.05.2025 had been
lodged and only with a view to counter the said case, the present
false case of kidnapping of son of the informant has been lodged
against the petitioner. Even going by the statement of the victim under
Section 183 of B.N.S.S, wherein he has, although supported the
factum of kidnapping, but has not alleged any misbehavior with him
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and has rather stated that he was brought to the police station by an
acquaintance of one of the accused persons. Further, supplementary
affidavit has also been filed bringing on record the compromise
petition filed in the court below (Annexure-P/3) stating therein that
since the victim has come home good relations have been restored by
the efforts of the well wishers and the informant is not interested in
pursuing the case any further.
5. The application for anticipatory bail is opposed by
learned A. P.P. for the State.
6. Taking into consideration the facts and circumstances
and also considering the fact that there is a case and counter case
between the parties and a subsequent compromise with the informant
not interested in pursuing the case, let the petitioner, in the event of
her arrest or surrender before the learned Court below within a period
of four weeks, be released on anticipatory bail in connection with
Sanokhar P.S. Case No. 75 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below where the
case is pending subject to the condition laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023, further subject to the following condition(s):
(i) One of the bailors would be close relative/family
members of the petitioner.
(ii) The petitioner will cooperate in the investigation and
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trial and in case of any act of non-cooperation, the proseuction would
be at liberty to move an application for cancellation of bail bonds of
the petitioner.
(Soni Shrivastava, J)
vashudha/-
U T
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