Patna High Court
Subodh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that bail should be granted to the petitioner.
Summary
Petitioner Subodh Yadav, brother‑in‑law of the alleged victim, was arrested in connection with a case registered under Sections 366 and 34 of the Indian Penal Code. The victim had recorded a statement under Sections 180 and 183 of the BNSS, in which she did not support the prosecution’s allegations. The petitioner, represented by Mrs. Rabia Gulnaz, pleaded for regular bail, emphasizing his clean antecedent, the fact that he had been in custody since 19‑08‑2024, and that his trial was unlikely to conclude soon. The State, through APP Mr. Anand Kishore Choudhary, opposed the bail. Considering the victim’s non‑supportive statement, the petitioner’s clean record and the completed investigation, the Court granted bail on a bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the accused in offences punishable under Sections 366 and 34 of the IPC given the victim’s statement and the petitioner’s antecedents
Legislation cited
- Indian Penal Code — s. 34, 366
Subjects
- regular bail
- IPC 366
- IPC 34
- victim statement
- clean antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86025 of 2025
Arising Out of PS. Case No.-275 Year-2023 Thana- KONCH District- Gaya
======================================================
Subodh Yadav Son of Late Gaya Dayal Yadav Resident of Village -
Gendbigha, P.S. - Konch, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rabia Gulnaz, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard Mrs. Rabia Gulnaz, learned counsel for the
Petitioner and Mr. Anand Kishore Choudhary, learned APP for
the State.
2. Petitioner seeks regular bail in connection with
Konch P.S. Case No. 275 of 2023 dated 16.06.2023 registered
for the offences punishable under Sections 366 and 34 of the
Indian Penal Code.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner is brother-in-law of the so-called
victim, the victim herself recorded statement under Section 180
and 183 of BNSS in which she has not supported the
prosecution’s allegations, the petitioner has fair and clean
antecedent and has been languishing in jail since 19.08.2024
and his trial has started and there is no chance of completion of
Patna High Court CR. MISC. No.86025 of 2025(2) dt.12-01-2026
2/2
petitioner’s trial in near future.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. Considering the above submissions, averments
made in this application, petitioner’s fair and clean antecedent
and the completion of investigation against him, this Court is
inclined to release the petitioner on bail. Accordingly, let the
petitioner named-above be released on bail on furnishing bail
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the
concerned Court in connection with Konch P.S. Case No. 275 of
2023.
(Shailendra Singh, J)
maynaz/-
U T
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