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Patna High Court

Dinesh Kumar @ Dinesh Yadav @ Dinesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner's clean antecedent and the victim's refusal to support the prosecution warranted the grant of bail, subject to strict conditions.

Summary

The petitioner, Dinesh Kumar Yadav, was arrested on 18 August 2025 in connection with a kidnapping case (Sections 363, 366(A) and 34 IPC) alleging he abducted an informant's daughter for marriage. The petitioner claimed a clean antecedent and that the allegations were fabricated. The victim, recovered, gave a statement under Section 183 of the Bihar Narcotic Substances (Suppression) Act, 2023, refusing to support the prosecution and declining a medical examination. The State opposed bail, but the court noted the victim's non‑cooperation and the petitioner's clean record. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping case under Sections 363, 366(A) and 34 IPC given the seriousness of the offences.
  • Whether the victim's statement under Section 183 of the B.N.S.S., 2023 and the petitioner's clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • Indian Penal Code
  • Section 363
  • Section 366A
  • Section 34
  • Section 183
  • Bihar Narcotic Substances (Suppression) Act
  • clean antecedent
  • victim statement
  • false allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77548 of 2025
                      Arising Out of PS. Case No.-11 Year-2022 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Dinesh Kumar @ Dinesh Yadav @ Dinesh Kumar Yadav S/O Mahanth Yadav
                 @ Mahant Yadav Resident Of Village- Jogapur Kothi Bhopatpur, P.s.- Jamo
                 Bazar, District- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Danish Quamar, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   21-01-2026                    Heard Mr. Md Danish Quamar, learned counsel for

                   the petitioner and Mr. Binod Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   18.08.2025, in connection with Jamo Bazar P.S. Case No. 11 of

                   2022, F.I.R. dated 23.01.2022               registered for the offences

                   punishable under Sections 363, 366(A) and 34 of the Indian

                   Penal Code.

                                3. Allegation against the petitioner is that he along

                   with other co-accused persons have kidnapped the daughter of

                   the informant for the purpose of marriage.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.             He further submits that the
Patna High Court CR. MISC. No.77548 of 2025(4) dt.21-01-2026
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          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          The victim was recovered and her statement under Section 183

          of the B.N.S.S., 2023 was recorded in which she has not

          supported the case of the prosecution and she has refused for her

          medical examination. He further submits that the police after

          investigation submitted chargesheet against the petitioner and

          the petitioner is in custody since 18.08.2025.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and the

          victim has not supported the case of the prosecution in her

          statement recorded under Section 183 of the B.N.S.S., 2023, let

          the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Judicial Magistrate, 1st Class, Siwan in connection with Jamo

          Bazar P.S. Case No. 11 of 2022, subject to the following

          conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.77548 of 2025(4) dt.21-01-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.

                                      7. Case diary submitted by the learned APP for the

                         State is kept on record.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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