Patna High Court
Kuldeep Yadav @ Kuldeep Kumar Yadav @ Kuldeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
Kuldeep Yadav sought anticipatory bail after being implicated in a case (Babubarhi P.S. Case No. 384 of 2025) for alleged assault on an informant’s family, which allegedly caused the death of the informant’s grandfather. The prosecution alleged offences under Sections 103(1) and 3(5) of the Bharitya Nagrik Suraksha Sanhita, while the petitioner’s counsel argued that the post‑mortem report showed no injuries and the death was due to cardio‑respiratory failure. The counsel also highlighted the absence of injury reports for other alleged victims and noted that the petitioner was already on bail in another matter. The State opposed the anticipatory bail application. The court examined the factual matrix, the nature of the allegations, and the post‑mortem findings, and applied the discretion under Section 482(2) of the B.N.S.S. The court granted anticipatory bail, subject to a bail bond of Rs. 10,000 and two sureties of the same amount, and imposed conditions as per the statute.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the alleged assault and the post‑mortem findings
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- post-mortem report
- assault
- death
- Section 482
- Bharitya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34766 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Kuldeep Yadav @ Kuldeep Kumar Yadav @ Kuldeep Kumar S/O Sifait
Yadav R/O Village - Kukrupatti, P.S- Babubarhi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Babubarhi P.S. Case No. 384 of 2025 of registered for the
offences punishable under Sections 103 (1) and 3 (5) of B.N.S.
3. As per the prosecution case, petitioner and other co-
accused persons assaulted the informant and her family members as a
result of which grandfather of the informant succumbed to injuries
during the course of the treatment.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in this case.
Referring to Annexure-2, the post-mortem report of the deceased,
learned counsel for the petitioner has submitted that no internal or
external injuries were found on the person of the deceased and cause
of death was opined to be cardio respiratory failure due to sudden
Patna High Court CR. MISC. No.34766 of 2026(2) dt.20-05-2026
2/2
cardiac arrest. It has further been submitted that allegation is not
substantiated by the post-mortem report. It has further been submitted
that there is no injury report of the other persons on record. It has
lastly been submitted that petitioner is accused in one another case in
which he is on bail.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as well as the nature of allegation against the petitioner, let
the above named petitioner, in the event of his arrest/surrender within
a period of six weeks from today, be enlarged on anticipatory bail on
furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court concerned in connection with Babubarhi P.S. Case No. 384 of
2025, subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
vashudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.