Patna High Court

Akash YadavversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the offences were of a serious nature warranting custody.

Summary

The petitioner, Akash Yadav, sought anticipatory bail after being implicated in a kidnapping and extortion case registered under Sections 140(2) and 3(5) of the Bihar Narcotic Substances Act (BNS). The FIR alleged that on 11 October 2024, the petitioner and co‑accused abducted the informant's son and demanded ransom. After the victim was rescued, he identified the petitioner as one of the kidnappers. The petitioner feared arrest and therefore applied for anticipatory bail. The Court examined the seriousness of the allegations, the victim's statement, and the gravity of the offences. Concluding that the nature of the crime warranted custody, the Court rejected the anticipatory bail application.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Sections 140(2) and 3(5) of the BNS given the seriousness of the kidnapping and extortion allegations.

Legislation cited

Bihar Narcotic Substances Act — s. 140(2), 3(5)

Subjects

anticipatory bail
kidnapping
extortion
serious offence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7766 of 2026
                     Arising Out of PS. Case No.-722 Year-2024 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Akash Yadav S/o Thakur Yadaw R/o Village - Haata (Udant Rai ke Bangra),

                 P.S - Thawe, District - Gopalganj



                                                                                ... ... Petitioner/s

                                                      Versus

                 The State of Bihar



                                                                           ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s     :      Mr. Priya Raj, Advocate

                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                          Heard learned counsel for the parties.

                                 2. Petitioner apprehends arrest in a case registered

                   for the offences punishable under Sections 140 (2) and 3 (5) of

                   BNS.

                                 3. As per F.I.R. informant alleged that on 11.10.2024 ,

                   this petitioner along with other co-accused persons kidnapped

                   the son of informant and also demanded extortion .

                                 4. The victim after recovery has named this petitioner

                   as one of the kidnappers.
            Patna High Court CR. MISC. No.7766 of 2026(2) dt.19-02-2026
                                                        2/2




                                   5. Considering the seriousness and nature of

                      accusation , statement of the victim after recovery and gravity

                      of offence and other circumstances of the case , the prayer of

                      petitioner for anticipatory bail is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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