Patna High Court
Ram YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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
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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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