Patna High Court

Deep Narayan YadavversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that the petitioners are entitled to bail subject to the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, who are close relatives of a co-accused named Vikash Kumar, feared arrest in a case registered under Sections 318(4) and 64 of the Bhartiya Nyaya Sanhita, although they were not named in the FIR. They filed a bail petition, arguing that their alleged involvement was solely due to familial ties. The State opposed the bail, contending that the petitioners could be implicated. The Court examined whether bail could be granted despite the lack of direct accusation and considered the precedent of anticipatory bail granted to Vikash Kumar. Relying on Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the Court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 each with two sureties, within eight weeks of the order. The bail was conditioned on compliance with the stipulated terms.

Issues considered

Whether individuals not named in the FIR but related to a co-accused can be granted bail under Sections 318(4) and 64 of the Bhartiya Nyaya Sanhita.
Whether the State's opposition to bail is justified in the absence of direct charges against the petitioners.
Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the Court to grant bail in such circumstances.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 318(4), 64

Subjects

anticipatory bail
bail
relatives of accused
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
Section 482
High Court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82704 of 2025
                     Arising Out of PS. Case No.-107 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
           1.     Deep Narayan Yadav S/O Batahu Yadav Resident of Village- Harahi
                  Sidhapkala, P.S.- Ladania, District- Madhubani
           2.    Chandravir Yadav S/O Late Jay Narayan Yadav Resident of Village- Harahi
                 Sidhapkala, P.S.- Ladania, District- Madhubani
           3.    Amrish Kumar Yadav S/O Chandravir Yadav@Chandravir Narayan Resident
                 of Village- Harahi Sidhapkala, P.S.- Ladania, District- Madhubani
           4.    Vishwambhar Kumar Yadav S/O Deep Narayan Yadav Resident of Village-
                 Harahi Sidhapkala, P.S.- Ladania, District- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Soban Asghar, Advocate
                 For the Opposite Party/s :       Mr.Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel for the petitioners and Mr.

                   P.K.Pandey, learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 318(4), 64 of the

                   Bhartiya Nyaya Sanhita.

                                3. Petitioners are not named in the F.I.R. Name of the

                   petitioners transpired during investigation. Specific accusation

                   is against co-accused Vikash Kumar, who has already been

                   granted anticipatory bail by a coordinate Bench of this Court,

                   vide order dated 19.11.2025 passed in Cr.Misc. No. 79872 of
           Patna High Court CR. MISC. No.82704 of 2025(2) dt.05-01-2026
                                                       2/2




                     2025. These petitioners have been made accused in this case

                     merely because they happen to be close relatives of co-accused

                     Vikash Kumar {i.e. petitioner nos. 1 & 2 are maternal uncle

                     (Mama) and petitioner nos. 3 & 4 are cousin brothers of co-

                     accused Vikash Kumar}.

                                  4. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  5. In the facts and circumstances of the case, let the

                     above named petitioners, in the event of their arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned S.D.J.M., District - Madhubani               in connection with

                     Ladaniya P.S. Case No. 107 of 2025, subject to condition as laid

                     down under Section 482 of the Bhartiya Nagrik Suraksha

                     Sanhita, 2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T

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