Patna High Court

Pramod YadavversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Pramod Yadav, sought anticipatory bail after fearing arrest in a case alleging offences under Sections 105, 319(2), 318(4), 238 and 3(5) of the B.N.S. The prosecution alleged that he had taken the informant's daughter‑in‑law to a hospital where she later died due to alleged negligence by the accused. The petitioner contended that he merely transported her and had no role in the operation or treatment, and highlighted his clean antecedents. The State opposed the bail, arguing the seriousness of the charges. The Court, noting the general nature of the accusation, the petitioner’s lack of direct involvement, and his clean record, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S. The order stipulated conditions for surrender within eight weeks.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S. given the allegations of negligence leading to death.

Legislation cited

B.N.S. — s. 105, 238, 318(4), 319(2), 3(5), 482(2)

Subjects

anticipatory bail
Section 482
criminal negligence
clean antecedents
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5208 of 2026
                       Arising Out of PS. Case No.-244 Year-2025 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Pramod Yadav S/O Ramswarup Yadav R/O Village- Nehuta, P.S- Imamganj,
                 Distt.- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Vijay Kumar, Advocate
                 For the State           :        Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 105,

                   319(2), 318(4), 238 and 3(5) of the B.N.S..

                                3. As per prosecution case, on 14.06.2025 at about 11

                   PM, daughter-in-law of the informant was taken to a hospital by

                   this petitioner where she was operated and gave birth to a child,

                   however, due to negligence of the accused persons, including

                   this petitioner, daughter-in-law of the informant died.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is
Patna High Court CR. MISC. No.5208 of 2026(2) dt.03-02-2026
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          apparent that specific accusation of inappropriate treatment is

          against co-accused Vinod Thakur and Dharmendra Yadav. This

          petitioner is only stated to have taken the daughter-in-law of the

          informant by his four wheeler to Global Hospital, Gaya and

          there is absolutely no allegation that he in any way participated

          in the operation or treated the deceased. Petitioner claims clean

          antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate- 1 st Class,

          Sherghati at Gaya in connection with Imamganj P.S. Case No.

          244 of 2025, subject to condition as laid down under Section
             Patna High Court CR. MISC. No.5208 of 2026(2) dt.03-02-2026
                                                         3/3




                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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