Patna High Court
Jugal Yadav @ Jugal Prasad @ Jugas Gope @ Yugesh GopeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified.
Summary
The petitioners, members of the Yadav family, sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 96, 126(2), 115(2) and 351 of the Bharatiya Nyaya Sanhita. The FIR alleged that Lakshman Kumar, the informant's son‑in‑law, had abducted his minor daughter and that the petitioners, being his relatives, had abused the informant when he visited Kumar's house. The petitioners contended they had no role in the alleged offence and were implicated solely because of family ties, asserting a clean antecedent. The State opposed the bail application. Considering the familial relationship, the nature of the accusations and the petitioners' clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the mere familial relationship with the co‑accused suffices to justify their inclusion as accused.
- Whether the petitioners' clean antecedent and the nature of the accusations warrant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 137(2), 351, 96
Subjects
- anticipatory bail
- criminal procedure
- family members as accused
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27360 of 2026
Arising Out of PS. Case No.-402 Year-2025 Thana- MOKAMAH District- Patna
======================================================
1. Jugal Yadav @ Jugal Prasad @ Jugas Gope @ Yugesh Gope S/o Jamun
Gope Resident of Village- Chhaperatar, P.S.- Pandarak, District - Patna
2. Manju Devi W/o Jugal Yadav @ Jugal Prasad @ Jugas Gope @ Yugesh
Gope Resident of Village- Chhaperatar, P.S.- Pandarak, District - Patna
3. Ram Lakhan Yadav @ Ram Lakhan Kumar S/o Jugal Yadav @ Jugal Prasad
@ Jugas Gope @ Yugesh Gope Resident of Village- Chhaperatar, P.S.-
Pandarak, District - Patna
4. Ranjan Devi W/o Ram Lakhan Yadav @ Ram Lakhan Kumar Resident of
Village- Chhaperatar, P.S.- Pandarak, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 137(2), 96, 126(2),
115(2), 351 of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., co-accused Lakshman Kumar, who is
own son-in-law of the informant, enticed away his minor
daughter on a motorcycle. When informant went to the house of
Lakshman Kumar in search of his daughter, all the F.I.R. named
accused persons abused him.
Patna High Court CR. MISC. No.27360 of 2026(2) dt.29-04-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioners never assisted co-accused Lakshman Kumar in
commission of the offence and they have been made accused in
this case merely because they are his family members.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the relationship between the parties,
nature of accusation and clean antecedent, this anticipatory bail
is allowed and it is ordered that let the above named petitioners
in the event of their arrest/surrender before the court below
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-III, Barh at Patna
in connection with Mokama P. S. Case No. 402 of 2025, subject
to condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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