Patna High Court
Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to petitioners 2, 3 and 4 subject to a bail bond of Rs.10,000 each and conditions under CrPC Section 438(2) and BNSS Section 482.
Summary
The petitioners, four residents of Jehanabad district, sought anticipatory bail in connection with a kidnapping and assault case (Kako P.S. Case No. 212 of 2024) where they were alleged to have abducted an informant's son and assaulted the informant with an axe. Petitioners 2, 3 and 4 claimed innocence, asserting they were falsely implicated over a land dispute and had clean antecedents, while the State opposed the bail. The court allowed the withdrawal of the application for petitioner 1, directing him to surrender and apply for regular bail. For petitioners 2, 3 and 4, the court granted anticipatory bail, imposing a bail bond of Rs.10,000 each with two sureties and subjecting them to conditions under CrPC Section 438(2) and BNSS Section 482. The order directs that they be released on bail if arrested or surrendered within four weeks.
Issues considered
- Whether anticipatory bail should be granted to petitioners 2, 3 and 4 for offences under Sections 191(2), 190, 126(2), 115(2), 109(1), 352 and 351(2) of the BNSS.
- Whether the nature of the alleged offences precludes the grant of anticipatory bail.
- Whether the petitioners' clean antecedent and claim of false implication justify bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 109(1), 115(2), 126(2), 190, 191(2), 351(2), 352, 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- assault
- BNSS
- CrPC
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37173 of 2026
Arising Out of PS. Case No.-212 Year-2024 Thana- KAKO District- Jehanabad
======================================================
1. Upendra Yadav Son of Babulal Yadav Resident of village-Mahamadpur,
P.S.-Kako, District-Jahanabad
2. Navin Kumar son of Surendra Yadav Resident of village-Mahamadpur, P.S.-
Kako, District-Jahanabad
3. Shikander Kumar Son of Chandradeo yadav Resident of village- Chagori,
Ps- Shakurabad, Dist- Jahanabad
4. Ashok Kumar son of Late Yogendra Yadav Resident of village-
Mahamadpur, P.S.-Kako, District-Jahanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Singh, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. After some arguments, learned counsel for the
petitioners prays for and is permitted to withdraw the
application on behalf of petitioner no. 1.
3. Permission is accorded.
4. Petitioner no. 1 is directed to surrender within four
weeks and pray for regular bail.
5. Accordingly, the application on behalf of petitioner
no. 1 is dismissed as withdrawn.
Patna High Court CR. MISC. No.37173 of 2026(2) dt.15-06-2026
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6. So far as petitioner nos. 2, 3 and 4 are concerned,
they apprehend their arrest in connection with Kako P.S. Case
No. 212 of 2024 registered for the offence under Sections
191(2), 190, 126(2), 115(2), 109(1), 352, 351(2) of the B.N.S.
7. As per the prosecution case, petitioners are
alleged of kidnapping the informant’s son and also assaulting
the informant by axe due to which he sustained injuries on his
head.
8. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
there is general and omnibus allegations against petitioner nos.
2, 3 and 4 who have caused one simple injury to the informant
because of land dispute between the parties. Petitioner nos. 2, 3
and 4 have clean antecedent.
9. Learned A.P.P. for the State have jointly opposed
the prayer for anticipatory bail of the petitioners.
10. Considering the aforesaid submissions
advanced on behalf of the parties, this application only on
behalf of petitioner nos. 2, 3 and 4 stands allowed.
11. Let the petitioner nos. 2, 3 and 4, above named,
in the event of their arrest or surrender before the concerned
Patna High Court CR. MISC. No.37173 of 2026(2) dt.15-06-2026
3/3
Court below within four weeks from today, be released 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
the learned Sub-Divisional Judicial Magistrate, Jehanabad/
concerned Court below in connection with Kako P.S. Case No.
212 of 2024, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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