Patna High Court
Dinesh Kumar @ Dinesh Yadav @ Dinesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 34, 363, 366A
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
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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//-
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