Patna High Court
Santosh Yadav @ SantoshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the victim’s statement not supporting the prosecution, the petitioners are entitled to anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, who are the parents and brothers of Ajit Kumar, sought anticipatory bail fearing arrest in a case (Patliputra P.S. Case No.445/2025) under Sections 137(2), 96 and 3(5) of the B.N.S., 2023. They alleged that the case was false because the victim, who had eloped with Ajit, had recorded a statement under Section 183 BNSS stating she was happily living with him and did not support the prosecution. The Assistant Public Prosecutor confirmed the victim’s statement and the investigating officer was present in court. The informant opposed the bail, but the court noted the lack of victim cooperation and, applying Section 482(2) of the B.N.S.S., granted anticipatory bail subject to a bond of Rs.5,000 with two sureties and other conditions. The order directs that the petitioners be released if arrested or surrendered within six weeks, pending trial.
Issues considered
- The petitioners' right to anticipatory bail in light of the victim’s non‑cooperation with the prosecution
- Whether the allegations against the petitioners constitute a false implication warranting bail
Legislation cited
- B.N.S., 2023 — s. 137(2), 3(5), 96
- B.N.S.S. — s. 183, 482(2)
Subjects
- anticipatory bail
- false implication
- victim statement
- Section 183
- Section 482
- B.N.S. 2023
- Criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17404 of 2026
Arising Out of PS. Case No.-445 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
1. Santosh Yadav @ Santosh Son of Ram Ratan Yadav R/o Village - Nahas
Rupauli, P.S. - Bisfi, District - Madhubani.
2. Rakesh Yadav @ Ashok Kumar Yadav Son of Ram Ratan Yadav R/o Village
- Nahas Rupauli, P.S. - Bisfi, District - Madhubani.
3. Kali Devi Wife of Ram Ratan Yadav R/o Village - Nahas Rupauli, P.S. -
Bisfi, District - Madhubani.
4. Surendra Yadav Son of Ram Narayan Yadav R/o Village - Nahas Rupauli,
P.S. - Bisfi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvnendra Kumar Thakur
For the Opposite Party/s : Mr. Renuka Ratnakar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 27-04-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioners apprehend their arrest in connection
with Patliputra P.S. Case No.445/2025, registered for the
offences punishable under Sections 137(2), 96, 3(5) of the
B.N.S., 2023.
3. The learned counsel appearing on behalf of the
petitioners submit that the petitioners have been falsely been
implicated in the instant case being parents and brothers of the
Patna High Court CR. MISC. No.17404 of 2026(4) dt.27-04-2026
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Ajit Kumar who was in love with the victim and they eloped. It
is submitted that the victim is staying happily with the Ajit after
marrying him. It is also submitted that the case was taken up on
20.04.2026 and the learned APP had submitted based on
instructions of the I.O. that the I.O. has received a video
message of the victim wherein she has stated that she is staying
happily with Ajit. It is further submitted that the victim has
come back and her statement under section 183 BNSS has been
recorded, wherein she has not supported the case of the
prosecution.
4. The learned APP submits that the I.O. of the case is
present in the Court today and the statement of the victim was
recorded under Section 183 BNSS, wherein she has not
supported the case of the prosecution.
5. Learned counsel appearing on behalf of the
informant opposes the anticipatory bail application of the
petitioners.
6. Considering the submissions that victim has not
supported the case of the prosecution, the petitioners above-
named, in the event of their arrest or surrender within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees Five Thousand) each
Patna High Court CR. MISC. No.17404 of 2026(4) dt.27-04-2026
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with two sureties of the like amount each to the satisfaction of
learned trial court where the case is pending/successor court in
connection with Patliputra P.S. Case No.445/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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