Patna High Court
Sukku @ Gopal YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sukku @ Gopal Yadav, was arrested in connection with a case registered under sections 317(5) and 3(5) of the Bihar Negotiable Instruments Act for being found in possession of a stolen scooty. He admitted the scooty was stolen but claimed it was handed to him by co‑accused Md. Sohail, who had already been granted bail in a related matter. The petitioner, who has two prior criminal cases and has been in custody since 13‑Oct‑2025, applied for regular bail. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s antecedents. After considering the facts, the Court found no sufficient ground to deny bail and ordered his release on a bail bond of Rs.10,000 with two sureties. The order effectively disposed of the bail petition.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 317(5) and 3(5) of the Bihar Negotiable Instruments Act despite prior criminal antecedents.
- Whether the fact that the stolen scooty was allegedly handed over by a co‑accused who is already on bail influences the bail decision.
Legislation cited
- Bihar Negotiable Instruments Act — s. 317(5), 3(5)
Subjects
- regular bail
- stolen vehicle
- criminal antecedents
- Bihar Negotiable Instruments Act
- Patna High Court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13657 of 2026
Arising Out of PS. Case No.-1083 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Sukku @ Gopal Yadav S/O Heera Gope R/O Anand talkies behind Vinay
Hall, P.S.- Alamganj, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhimanyu Deo, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 317 (5) and
3 (5) of the BNS.
3. The case of the prosecution, in short, is that the
petitioner was caught with a stolen scooty. The petitioner has
admitted that the scooty was a stolen one, but it has been
submitted that it was handed over to him by one Md. Sohail.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
though the allegation is that the petitioner was caught with a
stolen scooty, the scooty does not belong to him and it was
Patna High Court CR. MISC. No.13657 of 2026(2) dt.12-03-2026
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given to him by the co-accused, Md. Sohail. It has further been
submitted that Md. Sohail has been granted bail by a learned co-
ordinate Bench of this Court vide order dated 26.02.2026 passed
in Cr. Misc. No. 12405 of 2026. The petitioner has criminal
antecedents of two cases and he is in custody since 13.10.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Alamganj P.S. Case No. 1083 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM- VI, Patna City.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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