Patna High Court
Upendra Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail, subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Upendra Prasad Yadav, sought relief fearing arrest in a complaint (No. 116 of 2023) alleging offences under IPC sections 420, 406, 384 and 386 for allegedly taking Rs. 15 lakh in a failed marriage arrangement. He claimed innocence, stating he was falsely implicated and is a government servant. The court considered his application for bail and, after hearing counsel, allowed the bail. The order directed that if arrested or surrendered within four weeks, he be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of Section 438(2) of the CrPC and Section 482 of the BNSS. The bail was granted pending further proceedings in the underlying complaint case.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973.
- Whether the court may exercise its inherent powers under Section 482 of the BNSS to grant bail in the present case.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 384, 386, 406, 420
Subjects
- anticipatory bail
- bail
- Criminal Procedure
- Section 438
- Section 482
- IPC offences
- fraud
- marriage fraud
- government servant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63114 of 2025
Arising Out of PS. Case No.-116 Year-2023 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Upendra Prasad Yadav S/O Late Narayan Yadav R/O Vill.- Litiyahi Ward
no.17, P.S.- Pipra, Dist.- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Jago Yadav @ Jaggalal Yadav S/O Late Mithu Yadav R/O Vill.- Uteshara,
P.S.- Salkhua, Dist.- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Kumar Mehta
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 116 of 2023 registered for
the offence under Sections 420, 406, 384, 386 Indian Penal
Code.
3. As per the prosecution case, the petitioner along
with one Chhutaharu Yadav is accused of taken Rs. 15 lakhs on
the name of finalizing the marriage but the marriage could not
be solemnized.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.63114 of 2025(4) dt.21-01-2026
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been implicated in this case. He further submits that the
petitioner is a government servant.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate-1st Class, Saharsa/concerned Court below in
connection with Complaint Case No. 116 of 2023, 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)
Vikas/-
U
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