Deepak Kumar @ Deepak Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Deepak Kumar @ Deepak Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail: the petitioner is to be released on pre-arrest bail upon arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and contingent on the victim's Section 183 BNSS statement not supporting the prosecution story; the District Court is to verify the petitioner's criminal antecedents, and discovery of any undisclosed pending case causes the order to lose force automatically.

Issue for consideration

Whether the petitioner, named in Basopatti P.S. Case No. 110 of 2025 registered under Sections 137(2), 96, 126(2), 115(2), 351(2), 352 and 3(5) of the BNS, is entitled to pre-arrest bail. +1 more

Court's answer

The learned district court is directed to call for the statement of the victim recorded under Section 183 of BNSS.

Ratio / Principle

Conditional grant of pre-arrest bail: if the informant has not supported the prosecution story in the Section 183 BNSS statement called for, the petitioner is to be released on pre-arrest bail in the event of his arrest or surrender before the learned District Court within a period of four weeks from the date of the order.

Key takeaways

On such release, the petitioner is to furnish a 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 (Basopatti P.S. Case No. 110 of 2025) is pending.ratio¶17
The release on pre-arrest bail is subject to the condition as laid down under Section 482(2) of the BNSS.ratio¶19
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 found pending against the petitioner beyond those stated there, this order will lose its force automatically.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 7642 of 2026, oral order dated 22-04-2026, Purnendu Singh, J. - Pre-arrest bail sought in Basopatti P.S. Case No. 110 of 2025 (District Madhubani), registered for offences under Sections 137(2), 96, 126(2), 115(2), 351(2), 352 and 3(5) of the BNS; the FIR alleges kidnapping of the informant's minor daughter with intention to marry her. Petitioner's counsel relied on the victim's Section 183 BNSS statement allegedly not supporting the prosecution story. The Court directed the learned district court to call for that statement and, if the prosecution story is not supported, to release the petitioner on pre-arrest bail upon arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS. The District Court was further directed to verify the petitioner's criminal antecedents as stated in paragraph no. 3 of the bail application, failing which (any undisclosed pending case) the order loses its force automatically. Application stands disposed of.

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

The State of Bihar

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.

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.

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

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.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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.

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.

Accordingly, the present application stands disposed

of.

(Purnendu Singh, J)

Niraj/-

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