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Patna High Court

Ram YadavversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court denied pre‑arrest bail to petitioner No.1 but granted bail to petitioner No.2 subject to conditions.

Summary

The petitioners, Ram Yadav and Gumani Yadav, applied for pre‑arrest bail in a case (Sheikhpura P.S. Case No.12 of 2026) alleging kidnapping and assault of the informant's minor son under several sections of the Bihar Penal Code. The petitioners claimed innocence, arguing the incident was a "free fight" and that no specific overt act was attributable to them. The State and the informant opposed the bail. The court examined the specific allegations, finding sufficient basis to deny bail to petitioner No.1 but noting the absence of any direct allegation against petitioner No.2. Consequently, the court granted pre‑arrest bail to petitioner No.2 subject to a bail bond and verification of his criminal antecedents, while refusing bail to petitioner No.1. The order was made under Section 482(2) of the Bihar Criminal Procedure Code and the application was disposed of.

Issues considered

  • Whether pre‑arrest bail can be granted to petitioner No.1 in view of the allegations of kidnapping and assault.
  • Whether pre‑arrest bail can be granted to petitioner No.2 in the absence of specific allegations against him.
  • Whether Section 482(2) of the Bihar Criminal Procedure Code permits the grant of bail under the circumstances.

Subjects

  • pre‑arrest bail
  • kidnapping
  • assault
  • minor
  • Section 482
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20934 of 2026
                    Arising Out of PS. Case No.-12 Year-2026 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
           1.     Ram Yadav, S/o Gumani Yadav, R/o Village - Mahadev Nagar, Golden
                  Chowk, P.S - Sheikhpura, District - Sheikhpura
           2.    Gumani Yadav, S/o Siya Yadav, R/o Village - Mahadev Nagar, Golden
                 Chowk, P.S - Sheikhpura, District - Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bipin Kumar, Advocate
                 For the Informant        :       Mr. Ram Sumiran Rai, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                     Heard Mr. Bipin Kumar, learned counsel appearing

                   on behalf of the petitioners; Mr. Ram Sumiran Rai, learned

                   counsel for the informant and Mr. Bhanu Pratap Singh, learned

                   APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Sheikhpura P.S. Case No. 12 of 2026, registered for the

                   offence punishable under Sections 126(2), 127(2), 115(2),

                   117(2), 109, 352 and 3(5) of the BNS.

                                3. As per the allegation made in the FIR, petitioners

                   along with other co-accused persons, had tried to kidnap the

                   minor son of the informant and when the minor son of the

                   informant tried to escape, they had allegedly assaulted him
Patna High Court CR. MISC. No.20934 of 2026(2) dt.16-04-2026
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          causing grievous injury.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and they have

          falsely been implicated in the present case. The present case is a

          counter blast of Sheikhpura P.S. Case No. 4 of 2026 lodged

          from the side of the petitioner, which shows that the occurrence

          was a case of free fight. No specific overt act has been attributed

          to the petitioners. On these grounds, petitioners seek to be

          released on pre-arrest bail.

                       5. Learned counsel for the informant and learned APP

          for the State have vehemently opposed the prayer for grant of

          pre-arrest bail.

                       6.    Considering       the    specific   allegation   against

          petitioner no. 1, I am not inclined to enlarge the petitioner no. 1

          on pre-arrest bail.

                       7. So far as petitioner no. 2 is concerned, in absence

          of any specific allegation of assault or having tried to kidnap the

          minor son of the informant against him, the petitioner no. 2,

          above named, is directed to be released on pre-arrest bail, in the

          event of his/her arrest or surrender before the learned District

          Court within a period of four weeks from today, on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
              Patna High Court CR. MISC. No.20934 of 2026(2) dt.16-04-2026
                                                          3/3




                        sureties of the like amount each to the satisfaction of the learned

                        District Court where the case is pending, in connection with

                        Sheikhpura P.S. Case No. 12 of 2026, subject to the condition as

                        laid down under Section 482(2) of the BNSS.

                                     8. The learned District Court is directed to verify

                        the criminal antecedent of the petitioner no. 2 as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner no. 2 as what has been stated

                        in paragraph no. 3, this order will lose its force automatically.

                                     9. Accordingly, the present application stands

                        disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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