Patna High Court
Gautam Yadav@ Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Gautam Yadav, was arrested on 30 August 2025 in connection with a kidnapping case (Nowkothi P.S. Case No. 80 of 2025) under Section 87 of the BNS. He contended that the FIR was fabricated, he has a clean criminal record, and the alleged victim, after being recovered, gave a statement under Section 183 of the BNSS, 2023, refusing to support the prosecution and stating she had married the petitioner and later another person. The State opposed bail, but the court noted the petitioner’s clean antecedent and the victim’s non‑cooperation with the prosecution. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of any concealed criminal antecedent. The bail order was directed to be implemented by the Chief Judicial Magistrate, Begusarai.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 87 of the BNS in view of the victim’s statement under Section 183 of the BNSS, 2023 and the petitioner’s clean antecedent.
Legislation cited
- BNS — s. 87
- BNSS, 2023 — s. 183
Subjects
- bail
- kidnapping
- false FIR
- victim statement
- clean antecedent
- Section 87 BNS
- Section 183 BNSS
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82747 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Gautam Yadav@ Gautam Kumar S/o Nandan Yadav R/o vill - Barijana, P.S.-
Chhaurahi, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Advocate
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 25-03-2026 Heard Mr.Bipin Kumar, learned counsel for the
petitioner and Mr.Bharat Lal, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
30.08.2025 in connection with Nowkothi P.S. Case No. 80 of
2025, F.I.R. dated 15.04.2025 registered for the offence
punishable under Section 87 of BNS.
3. As per FIR, allegation against the petitioner is that
he kidnapped the informant’s daughter with malafide intention.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Further
Patna High Court CR. MISC. No.82747 of 2025(4) dt.25-03-2026
2/3
submits that the victim was recovered and her statement was
recorded under Section 183 of BNSS, 2023 in which she has not
supported the case of the prosecution and she stated that she has
first performed the marriage with the petitioner and thereafter
she has also performed the marriage witih another person. The
police, after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 30.08.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and the victim has not supported the case of the
prosecution in her statement under Section 183 of BNSS,2023,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Begusarai in connection with Nowkothi P.S. Case
No. 80 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.82747 of 2025(4) dt.25-03-2026
3/3
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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 antecedent, 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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…