Patna High Court
Deepak Kumar @ Deepak YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court held that pre‑arrest bail may be granted conditionally, pending verification of the victim’s statement and the petitioner’s criminal antecedent.
Summary
Deepak Kumar (Deepak Yadav) was arrested in a kidnapping case alleging he abducted the minor daughter of an informant with intent to marry her. He applied for pre‑arrest bail, claiming innocence, a clean criminal record, and that the victim’s statement under Section 183 BNSS did not support the prosecution’s version. The State opposed the bail. The High Court directed the district court to examine the victim’s statement and verify the petitioner’s antecedent, and if the informant’s statement does not corroborate the charge, to release the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the BNSS. The order also stipulated that any pending case against the petitioner would nullify the bail order. The bail application was consequently disposed subject to these conditions.
Issues considered
- Whether pre‑arrest bail should be granted in a kidnapping case under Sections 137(2), 96, 126(2), 115(2), 351(2), 352 and 3(5) of the BNS
- Whether the victim’s statement under Section 183 BNSS, which does not support the prosecution, affects the bail decision
- Whether the petitioner’s clean antecedent warrants the grant of bail
Legislation cited
Subjects
- kidnapping
- pre‑arrest bail
- minor
- victim statement
- clean antecedent
- Section 183
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7642 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Deepak Kumar @ Deepak Yadav, aged about 21 years (Male), Son of Surya
Narayan Yadav @ Suraj Narayan Yadav, Resident of village- Malmal, P.S.-
Kaluahi, District- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ramesh Sah S/O Bhogendra Sah R/O Vill.- Manmohan, P.s.- Basopatti,
Dist.- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr. Vinod Kumar, Advocate
For the Informant : Ms. Kumari Pallavi, Advocate
For the State : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 22-04-2026 Heard Mr. Gagandeo Yadav, learned counsel
appearing on behalf of the petitioner; Ms. Kumari Pallavi,
learned counsel for the informant and Mr. Ajit Kumar, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Basopatti P.S. Case No. 110 of 2025, registered for the
offence punishable under Sections 137(2), 96, 126(2), 115(2),
351(2), 352 and 3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioner
had allegedly kidnapped the minor daughter of the informant
with an intention to marry her.
Patna High Court CR. MISC. No.7642 of 2026(3) dt.22-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. The victim in her statement
recorded under Section 183 BNSS has not supported the
prosecution story, rather, she has stated that she had spent four
days with the petitioner at Madhubani. The petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, the learned district court is directed to call for the
statement of the victim recorded under Section 183 of BNSS
and if it is found that the informant has not supported the
prosecution story, then in that case, the petitioner, above named,
is directed to be released on pre-arrest bail, in the event of
his/her arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned District
Court where the case is pending, in connection with Basopatti
P.S. Case No. 110 of 2025, subject to the condition as laid down
Patna High Court CR. MISC. No.7642 of 2026(3) dt.22-04-2026
3/3
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
9. Accordingly, the present application stands disposed
of.
(Purnendu Singh, J)
Niraj/-
U T
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