Patna High Court
Suresh Yadav @ Suresh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for anticipatory bail, directing release on bail upon arrest or surrender.
Summary
The petitioners, Suresh Yadav and Sri Ram Yadav, sought anticipatory bail fearing arrest in a kidnapping case (Budha Colony P.S. Case No. 56 of 2015) registered under Sections 364 and 34 of the IPC. They contended they were not named in the FIR and that the investigation had been pending for ten years. The State opposed the bail. The Court, noting the prolonged investigation and the petitioners' absence from the FIR, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The Court also directed the SHO to complete the investigation within six months and waived the SHO's personal appearance. Consequently, the petitioners are to be released on bail if arrested or they surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of a prolonged investigation and their non-mention in the FIR
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for the grant of anticipatory bail
Legislation cited
- Bihar Negotiable Instruments (Security) Act — s. 482(2)
- Indian Penal Code — s. 34, 364
Subjects
- anticipatory bail
- kidnapping
- IPC
- investigation pendency
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50058 of 2025
Arising Out of PS. Case No.-56 Year-2015 Thana- BUDDHACOLONY District- Patna
======================================================
1. Suresh Yadav @ Suresh Kumar Yadav S/o Kameshwar Yadav R/o Vill-
Kasama Marar, P.S.- Khajauli, Distt- Madhubani
2. Sri Ram Yadav @ Ram Yadav @ Ram Kumar Yadav S/o Sitaram Yadav R/o
Vill- Kasama Marar, P.S.- Khajauli, Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Srivastava, Sr. Advocate
Mr. Prabhakar Thakur
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 27-02-2026 Heard the learned senior counsel for the petitioners
and learned counsel for the State. The SHO of the Budha
Colony Police Station has appeared and assisted the Court.
2. The petitioners apprehend arrest in connection with
Budha Colony P.S. Case No. 56 of 2015 registered for offences
under Sections 364 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners are
accused of kidnapping the victim.
4. Learned senior counsel for the petitioners submits
that the petitioners are quite innocent and have not committed
any offence. He further submits that the petitioners are not
named in the FIR and the investigation is continuing since last
ten years. He further submits that recently, the Police have
summoned the petitioners.
Patna High Court CR. MISC. No.50058 of 2025(6) dt.27-02-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the pendency of the investigation since
the last ten years and considering the fact that the petitioners are
not named in the FIR, this application for anticipatory bail is
allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
connection with Budha Colony P.S. Case No. 56 of 2015 subject
to the conditions as laid down under Section 482(2) of the
BNSS.
8. The SHO of the Budha Colony Police Station is
directed to conclude the investigation of the case within six
months and send a compliance report to this Court.
9. The personal appearance of the SHO of the Budha
Colony Police Station is dispensed with.
(Sandeep Kumar, J)
Shishir/-
U T
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