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Patna High Court

Manoj Yadav @ Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied pre‑arrest bail to the petitioners.

Summary

Manoj Yadav and Saroj Yadav filed a petition seeking pre‑arrest bail after being implicated in a kidnapping and mobile‑snatching case registered under sections 140(3), 126, 352, 303(2) and 3(5) of the Bihar Penal Code. The prosecution alleged that on 28‑02‑2025 the accused, along with five unknown persons, abducted the son of an informant and stole the informant’s mobile phone. The victim was later recovered and his statement, recorded under section 183 of the Criminal Procedure Code, expressly identified the petitioners as active participants in the kidnapping. Considering the seriousness of the offences and the victim’s corroborative statement, the Court rejected the petitioners’ request for pre‑arrest bail. The bail petition was therefore dismissed.

Issues considered

  • What is the appropriate standard for granting pre‑arrest bail in a case involving kidnapping and related offences?
  • Does the victim’s statement recorded under section 183 of the CrPC, which implicates the petitioners, preclude the grant of bail?

Legislation cited

Subjects

  • kidnapping
  • mobile snatching
  • pre‑arrest bail
  • victim statement
  • serious offences
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7960 of 2026
                       Arising Out of PS. Case No.-113 Year-2025 Thana- PALIGANJ District- Patna
               ======================================================
           1 . Manoj Yadav @ Manoj Kumar S/O Sidheshwar Yadav Resident of village-
                Girdhari Bigha, Post- Samaspur, P.S.- Belganj, District- Gaya- 804403
           2.    Saroj Yadav @ Saroj Kumar S/O Sidheshwar Yadav Resident of village-
                 Girdhari Bigha, Post- Samaspur, P.S.- Belganj, District- Gaya- 804403

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sailesh Kumar , Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-05-2026                        Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend arrest in a case registered for

                   the offence punishable under section 140 (3), 126, 352, 303 (2)

                   and 3 (5) of BNS.

                                3. The prosecution case, in brief, is that on

                   28.02.2025, all the F.I.R named accused persons including these

                   petitioners and 5 unknown persons came by scorpio and

                   kidnapped one of the sons of informant and also snatched

                   mobile phone of informant.

                                4. During investigation, the victim was recovered and

                   his statement was recorded under Section 183 of BNSS wherein
            Patna High Court CR. MISC. No.7960 of 2026(3) dt.12-05-2026
                                                        2/2




                      he has supported the prosecution case and categorically stated

                      that this petitioners were actively involved in his kidnapping.

                                   5 . Considering the nature of accusation , statement of

                      the victim recorded under section 183 of BNSS and gravity of

                      offence , prayer for pre-arrest bail of petitioners is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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