Patna High Court

Nand Kishore YadavversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner, subject to a bond of Rs. 15,000 and two sureties.

Summary

The petitioner, Nand Kishore Yadav, was arrested in connection with a theft of electronic equipment from a government school, alleged under Sections 303(2) and 334 of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, noting that his name does not appear in the FIR and that the only link to him is a co‑accused’s confessional statement that some stolen items were sold to him for Rs. 2,500. The petitioner also highlighted his clean criminal record and the fact that he was not subjected to a T.I. parade. The State opposed bail, arguing the seriousness of the offences. Considering the lack of direct evidence, the petitioner’s clean antecedents, and the submission of the charge sheet, the Court decided to grant bail on a bond of Rs. 15,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in a case involving theft and criminal intimidation under the Bharatiya Nyaya Sanhita, 2023.
Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confession, warrants continued detention.
Whether the absence of the petitioner’s name in the FIR and lack of a T.I. parade affect the bail decision.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334

Subjects

bail
theft
criminal intimidation
false implication
Bharatiya Nyaya Sanhita
Sections 303(2)
Section 334
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16369 of 2026
                     Arising Out of PS. Case No.-217 Year-2025 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Nand Kishore Yadav S/o- Khela Nand Yadav R/v- Thadhi Ps- Laukahi Dist-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hriday Narayan Harshit, Advocate
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner seeks bail in connection with

                   Laukahi P.S. Case No. 217 of 2025 instituted for the offence

                   under Sections 303(2) & 334 of the Bharatiya Nyaya Sanhita,

                   2023.

                            3.      As per prosecution case, in the night of 18.11.2025

                   at village Attari, the unknown thieves committed theft of

                   electronic equipments supplied from Bihar Government at

                   Rajkiya Madhya Vidyalya, Laukahi.

                            4.      It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 14.12.2025. Petitioner

                   bears no criminal antecedent/s, as per disclosure made in
           Patna High Court CR. MISC. No.16369 of 2026(2) dt.13-03-2026
                                                       2/2




                     paragraph No. 3 of the bail application.

                              5.     It has been further submitted by the petitioner’s

                     counsel that petitioner has been falsely implicated in the present

                     case. Petitioner is not named in the FIR. Name of the petitioner

                     has transpired on the basis of confessional statement of co-

                     accused, who stated that some stolen articles were sold to the

                     petitioner worth Rs. 2500/-. Petitioner was not even put on T.I.

                     Parade to ascertain his complicity in the alleged occurrence.

                     Charge sheet has already been submitted in this case.

                              6.     Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                              7.     Considering the aforesaid facts and circumstances

                     of the case, period of custody of the petitioner, nature of

                     accusation and charge sheet being submitted, this Court is

                     inclined to grant bail to the petitioner.

                              8.     Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Laukahi P.S. Case

                     No. 217 of 2025.


                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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