Patna High Court

Kailash YadavversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was denied on the ground of the serious nature of the kidnapping allegation and the missing victim.

Summary

The petitioner, Kailash Yadav, was charged under Sections 137(2), 96 and 3(5) of the B.N.S. for allegedly kidnapping the minor daughter of an informant, who remains missing. He applied for bail before the Patna High Court. The court examined the seriousness of the kidnapping allegation and the fact that the victim was still untraced. Considering the gravity of the offence and the risk to the missing victim, the court rejected the bail plea. The trial court was directed to expedite the trial since the petitioner had been in custody since 28 July 2025.

Issues considered

Whether bail should be granted to the petitioner in a kidnapping case where the victim is still missing

Legislation cited

B.N.S. — s. 137(2), 3(5), 96

Subjects

bail
kidnapping
missing victim
criminal procedure
high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.82723 of 2025
                       Arising Out of PS. Case No.-119 Year-2025 Thana- HASANPUR District- Samastipur
                    ======================================================
                    Kailash Yadav Son of Ratilal Yadav R/o Village - Mauzi, Ward no. - 14, P.S. -
                    Hasanpur, Dist. - Samastipur.
                                                                                ... ... Petitioner/s
                                                      Versus
                    The State of Bihar
                                                                         ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Rahul Singh, Advocate
                    For the Opposite Party/s :       Mr.Shantanu Kumar, APP
                                                     Mr.Hemant Kumar, Adv.for Informant
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      27-01-2026                     Heard learned counsel for the petitioner, learned

                      A.P.P. for the State and learned counsel for the informant.

                                   2. The petitioner seeks bail in a case registered for

                      offence under Sections 137(2), 96, 3(5) of B.N.S.

                                   3. As per F.I.R., petitioner along with other named

                      accused persons kidnapped minor daughter of the informant.

                      Victim is still traceless.

                                   4. Considering the nature of accusation, the prayer

                      for bail of petitioner is rejected. However, since petitioner is in

                      custody since 28.07.2025, the learned trial court is directed to

                      expedite the trial.



                                                        (Prabhat Kumar Singh, J)
anay

U        T

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