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Patna High Court

Aklish Yadav @ Akhilesh @ Abhishek Yadav @ Akhilesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Aklish Yadav, was arrested in connection with a kidnapping case (Mahishi P.S. Case No. 14 of 2025) under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. The prosecution alleged that he kidnapped a minor girl, while the victim’s statement under Section 183 BNSS indicated that she had eloped of her own volition. The petitioner, claiming innocence and a clean antecedent, sought regular bail. The learned counsel for the State opposed bail, but the court considered the victim’s statement and the circumstances. The court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to cooperate with the trial, noting that the observations were prima facie and not a determination on the merits.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges of kidnapping under the Bharatiya Nyaya Sanhita and offences under the POCSO Act.
  • Whether the victim’s statement of voluntary elopement affects the bail decision.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • elopement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.599 of 2026
                       Arising Out of PS. Case No.-14 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
                 Aklish Yadav @ Akhilesh @ Abhishek Yadav @ Akhilesh Yadav S/O Madan
                 Yadav R/o Village-Kahra, P.S-Saharsa Sadar, District-Saharsa

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XX R/O Village- Telhar, ward no. 09, PS- Mahishi, Distt-Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pawan Kumar
                 For the Opposite Party/s :       Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   23-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Mahishi P.S. Case No. 14 of 2025 registered for the offence

                   under Section(s) 137(2), 96 of the Bharatiya Nyaya Sanhita,

                   2023 and under Section 8/12 of the POCSO Act.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 19.04.2025 and has clean

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.599 of 2026(4) dt.23-04-2026
                                            2/3




          opposed the prayer for bail.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. The victim girl in her

          statement recorded under Section 183 BNSS has said that she

          has eloped with the petitioner on her own.

                       7. Considering the aforesaid facts and circumstances,

          this application for regular bail is allowed.

                       8. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Mahishi P.S. Case

          No. 14 of 2025 subject to conditions that:-

                                               (i). The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.



                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.599 of 2026(4) dt.23-04-2026
                                                        3/3




                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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