Patna High Court
Pradeep Yadav @ Pradip Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, a group of relatives, sought bail fearing arrest in a case arising from a land dispute where the FIR alleged assault, attempt to outrage modesty, and theft of silver ornaments under multiple sections of the Bhartiya Nagarik Suraksha Sanhita (BNS). They contended they had clean antecedents and were falsely implicated, arguing that the allegations were vague and the injury was minor. The prosecution opposed bail. The court noted the lack of specific allegations against the petitioners, their clean record, and the simple nature of the injury, and therefore ordered bail with a Rs.10,000 bond and two sureties, imposing conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS. The bail order required the petitioners to cooperate with the trial, appear in court, and prohibited tampering with evidence or witnesses. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the BNS.
- Whether the petitioners’ clean antecedent and lack of specific allegations justify bail.
- Whether conditions under Section 438(2) CrPC and Section 482(2) BNS are appropriate.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 126(2), 191(2), 191(3), 303(2), 334(1), 351(2), 352, 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- Bhartiya Nagarik Suraksha Sanhita
- Section 438 CrPC
- Section 482 BNS
- land dispute
- assault
- theft
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86700 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- JALALGARH District- Purnia
======================================================
1. Pradeep Yadav @ Pradip Prasad Yadav S/o- Ganga Yadav @ Late Ganga
Prasad Yadav R/v- Simma Ps- Jalalgarh Dist- Purnea
2. Asha Devi W/o- Suresh Yadav @ Suresh Prasad Yadav R/v- Simma Ps-
Jalalgarh Dist- Purnea,
3. Anup Devi @ Anu Devi D/o- Suresh Yadav W/o- Sanjit Yadav R/v- Simma
Ps- Jalalgarh Dist- Purnea, P/A- Shiv Mandir Tola Belouri Ps- Ranipatra
Dist- Purnea
4. Asthami Kumari D/o- Suresh Yadav @ Suresh Prasad Yadav R/v- Simma
Ps- Jalalgarh Dist- Purnea
5. Nikita Kumari D/o- Suresh Yadav @ Suresh Prasad Yadav R/v- Simma Ps-
Jalalgarh Dist- Purnea
6. Aditya Yadav @ Pratap Kumar S/o- Sanjeet Yadav @ Sanjiv Yadav R/v-
Shivmandir Tola Belouri Ps- Ranipatra Dist- Purnia
7. Sanjeet Yadav S/o- Janardan Yadav R/v- Shivmandir Tola Belouri Ps-
Ranipatra Dist- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Vikram Singh, learned counsel for the
petitioner and Mr. Ram Anurag Singh, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Jalalgarh P.S. Case No. 160 of 2025, F.I.R.
dated 03.08.2025 for the offences punishable under Sections
191(2), 191(3), 126(2), 115(2), 117(2), 109, 76, 303(2), 334 (1),
Patna High Court CR. MISC. No.86700 of 2025(2) dt.08-01-2026
2/4
352 and 351(2) of the BNS.
3. As per the First Information Report, due to land
dispute, the petitioners along with other co-accused persons
assaulted to the informant and when the informant’s son came to
save her he was also assaulted by Suresh Yadav with iron rod on
his head causing head injury. It is further alleged that the co-
accused Suresh Yadav with intention to outrage the modesty of
the informant tore her clothes but on raising alarm she was
saved by her husband. Thereafter, the husband of the informant
was also assaulted by the accused persons. The informant
further alleged that the accused persons namely Suresh Yadav
and Pradeep Yadav entered into the house of the informant and
took away 10 bhar silver ornaments along with cash of
Rs.25,000/- from the pocket of the informant.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offences as alleged in the
F.I.R., rather due to some land dispute the present occurrence
has taken place. It is further submitted that land of the informant
was measured in the presence of the family members of the
Patna High Court CR. MISC. No.86700 of 2025(2) dt.08-01-2026
3/4
petitioners and the informant and as per measurement report
dated 05.02.2025, it suggests that the informant was in
possession of the land of the petitioners due to this reason
present occurrence has taken place and apart from the aforesaid
there is no specific allegation of assualt or overt act rather there
is general and omnibus allegation against these petitioners.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
the petitioners have clean antecedent and no specific allegation
of assault is against these petitioners and the injury report of the
person injured is simple in nature and due to land dispute
between the parties, let the petitioners, above named, in the
event of arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, 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, Purnea,
in connection with Jalalgarh P.S. Case No. 160 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
Patna High Court CR. MISC. No.86700 of 2025(2) dt.08-01-2026
4/4
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
Checking your session…