Patna High Court

Vikash Yadav @ Vikash Kumar YadavversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

Vikash Yadav petitioned for bail in a case registered under Section 96/3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) alleging kidnapping of a minor. The FIR was lodged six days after the alleged incident, and the victim’s statement under Section 183 BNSS indicated she had eloped with Nilesy Yadav and made no mention of the petitioner. The State opposed bail, but the court noted the victim’s statement and the delay in filing the FIR. Relying on Section 482(2) BNSS, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties. The bail order was conditioned on surrender within four weeks if arrested.

Issues considered

Whether bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the kidnapping allegation.
Whether the delay in filing the FIR undermines the prosecution’s case.
Whether the victim’s statement under Section 183 BNSS exonerates the petitioner.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 183, 482(2), 96/3(5)

Subjects

bail
kidnapping
delay in FIR
victim statement
Section 96/3(5) BNSS
Section 183 BNSS
Section 482(2) BNSS
criminal procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69388 of 2025
                        Arising Out of PS. Case No.-240 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
                 Vikash Yadav @ Vikash Kumar Yadav S/O Late Rajendra Yadav Resident of
                 Village- Laxmipur, Ward No. 03, P.S- Raniganj, District- Araria.
                                                                             ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.    x S/O Late Jhamendra Yadav x
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :         Md. Iftekhar Mahmood, APP
                 ======================================================
                 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 for

                   the offences punishable under Section 96/3(5) of the B.N.S.

                   3.      The allegation in the first information report relates to the

                   kidnapping of the minor daughter of the informant.

                   4.       It is submitted by learned counsel for the petitioner that it

                   would be apparent from the first information report itself that the

                   F.I.R. has been lodged after an inordinate delay inasmuch as the

                   date of occurrence is 27.06.2025, whereas the matter was reported

                   on 02.07.2025, without tendering any explanation. It is further

                   submitted that the informant had come to know that it was one

                   Nilesh Yadav who allured the victim girl and taken to his house.

                   It would further appear that the recovered victim girl in her

                   statement recorded under Section 183 B.N.S.S. has clearly

                   accepted that she was in relationship with Nilesh Yadav and
            Patna High Court CR. MISC. No.69388 of 2025(4) dt.21-01-2026
                                                        2/2




                      eloped with him to Punjab on her sweet will and she does not

                      whisper the name of the petitioner in her statement recorded

                      under Section 183 B.N.S.S. Thus, the main thrust of the

                      allegation is upon Nilesh Yadav and the name of the petitioner has

                      not been taken by the victim in her statement under Section 183

                      B.N.S.S.

                      5.     Learned APP for the State opposed the prayer for bail.

                      6.    Taking into consideration the facts and circumstances of the

                      case and also considering the fact that the victim girl in her

                      statement recorded under Section 183 B.N.S.S. has not disclosed

                      anything about the petitioner coupled with the fact that she has

                      accepted that she was in relationship with one Nilesh Yadav, let the

                      above named petitioner, be released on bail, in the event of his

                      arrest or surrender before the learned Court below within a period

                      of four weeks from today, 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/successor Court in connection with Raniganj P.S. Case

                      No. 240 of 2025, subject to the condition as laid down under

                      Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita

                      (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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