Patna High Court

Mithlesh YadavversusThe State of Bihar

Decided: 10 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted bail to the petitioners subject to bond, sureties and cooperation with the investigation.

Summary

The petitioners, four relatives of the main accused Bikki Kumar, filed an application fearing arrest in a kidnapping case (Ismilepur P.S. Case No. 93 of 2025) instituted under Sections 96m, 137(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the accused had abducted a girl for the purpose of marriage, and the victim had not yet been recovered. The court noted the petitioners' familial relationship to the main accused and, in the interest of justice, allowed the bail application. It ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC, and required cooperation with the investigation. Additionally, the court directed the Naugachiya police to expedite the recovery of the missing victim.

Issues considered

Whether bail should be granted to the petitioners who are relatives of the main accused in a kidnapping case where the victim is still missing

Legislation cited

Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 482, 96m
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

kidnapping
bail
criminal procedure
Section 482
Section 438
Bharatiya Nyaya Sanhita
victim recovery
family members of accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78331 of 2025
                     Arising Out of PS. Case No.-93 Year-2025 Thana- ISMAILPUR District- Bhagalpur
                 ======================================================
           1.     Mithlesh Yadav S/O Late Bahadur Yadav R/O Village- Ramnagar, P.S-
                  Pirpainti, Distt.- Bhagalpur.
           2.    Domi Yadav S/O Late Bahadur Yadav R/O Village- Ramnagar, P.S-
                 Pirpainti, Distt.- Bhagalpur.
           3.    Chotu Yadav S/O Late Bahadur Yadav R/O Village- Ramnagar, P.S-
                 Pirpainti, Distt.- Bhagalpur.
           4.    Binod Yadav S/O Munti Yadav R/Village- Kamlakund, P.S- Ismilepur,
                 Distt.- Bhagalpur.
                                                                  ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar
           2.     Santosh Kumar S/O- Late Khgendra Prasad Yadav,R/Vill.-Kamlakund, P.S.-
                  Ismilepur,Dist.-Bhagalpur
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Rajive Ranjan Singh, Advocate
                 For the State           :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-03-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection

                   with Ismilepur P.S. Case No. 93 of 2025 instituted under

                   Sections 96m 137(2) and 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, the petitioners are

                   alleged to have kidnapped the victim girl for the purpose of

                   marriage.

                                4. The petitioner no. 1, 2 and 3 are relatives of the

                   main accused Bikki Kumar and petitioner nos. 3 and 4 are the
           Patna High Court CR. MISC. No.78331 of 2025(3) dt.10-03-2026
                                                       2/2




                     father and mother of the main accused Bikki Kumar. The

                     victim has not been recovered till date.

                                  5. Considering the fact that the petitioners are the

                     relatives and family member of the main accused Bikki Kumar,

                     this application is allowed.

                                  6. Accordingly, in the event of arrest or surrender

                     before the Court below within six weeks from today, the

                     petitioners, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) each with two sureties

                     of the like amount each to the satisfaction of the learned J.M. 1 st

                     Naugachiya, Bhagalpur/ concerned Court in connection with

                     Ismilepur P.S. Case No. 93 of 2025, subject to the conditions

                     laid down in Section 482 of the BNSS/ 438(2) of the Code of

                     Criminal Procedure, 1973, subject to the condition that they will

                     co-operate in the investigation.

                                  7. The Naugachiya Police is directed to recover the

                     victim at the earliest as it is apparent from the record that the

                     SIT has been formed for recovery of the victim girl.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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