Patna High Court
Pradeep Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Pradeep Kumar Yadav was in judicial custody for offences alleged under Sections 137(2), 87 and 3(5) of the BNS, later deemed true under Section 306 of the IPC. The prosecution alleged that he, along with co‑accused, abducted the informant’s daughter. The petitioner claimed he was falsely implicated, had a clean antecedent, and had been in custody since 29‑08‑2025. The court noted that the deceased’s body was recovered after the FIR was lodged and the post‑mortem indicated death by asphyxia due to antemortem drowning, with police concluding it was a suicide. Considering these facts and the petitioner’s submissions, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the alleged offences
- Whether the circumstances of the death (suicide) affect the necessity of continued custody
Legislation cited
- Indian Penal Code — s. 306
Subjects
- bail
- abduction
- suicide
- false implication
- Indian Penal Code
- Bihar Negotiable ...
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79507 of 2025
Arising Out of PS. Case No.-242 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Pradeep Kumar Yadav S/O Nandlal Yadav @ Nandu Lal Yadav Resident of
Village- Nengsia, Ward No. 10, P.S- Kochadhaman, District- Kishanganj
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Jokihat P.S Case No. 242 of 2025 registered for the offences
punishable under Sections 137 (2), 87 and 3(5) of the BNS.
Later the case was found to be true under Section 306 of the
IPC/108 of BNS, 2023.
3. As per prosecution case, petitioner along with co-
accused have abducted the daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is further
submitted that petitioner is the man of clean antecedent. It is
also submitted that petitioner is in judicial custody since
Patna High Court CR. MISC. No.79507 of 2025(4) dt.21-01-2026
2/2
29.08.2025.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that dead body of the deceased recovered after the next
date of registering the FIR and perusal of postmortem report it is
also appeared that death of the deceased is due to asphyxia on
account of antemortem drowning. During investigation the
police found it to be a case of suicide.
7. Considering the aforesaid facts and circumstances
of the case and submissions made on behalf of the petitioner, let
the above named petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned CJM, Araria
in connection with Jokihat P.S Case No. 242 of 2025.
(Ramesh Chand Malviya, J)
Mayank/-
U T
Checking your session…