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Patna High Court

Suresh Yadav @ Suresh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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