Patna High Court
Santosh Yadav @ Santosh Kumar @ Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, owing to the distinct lack of material evidence and the likelihood of false accusation, the petitioner is entitled to bail.
Summary
The petitioner, Santosh Yadav, was implicated in a case (Laukahi P.S. Case No. 218 of 2022) for alleged offences under Sections 413 and 414 of the IPC relating to the theft of a motorcycle used to transport illicit liquor. The prosecution’s case rests solely on the statement of a co‑accused, while the petitioner’s name does not appear in the FIR and no other incriminating material has been produced. The petitioner argued that he is innocent and has been falsely implicated, emphasizing his clean antecedents. The State opposed the bail application. Considering the absence of substantive evidence, the possibility of false accusation, and the petitioner’s willingness to furnish bail, the court ordered his release on bail subject to conditions under Section 482(2) of the Bihar Negotiable Security Act. The bail bond was set at Rs. 10,000 with two sureties, one of whom must be a close relative, and the petitioner must appear at all court dates.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Sections 413 and 414 of the IPC.
- Whether the lack of material evidence and the petitioner’s non‑inclusion in the FIR justify granting bail.
- Whether the conditions imposed under Section 482(2) of the Bihar Negotiable Security Act are appropriate.
Legislation cited
- Bihar Negotiable Security Act — s. 482(2)
- Indian Penal Code — s. 413, 414
Subjects
- bail
- false accusation
- IPC 413
- IPC 414
- Section 482(2)
- Bihar Negotiable Security Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14682 of 2026
Arising Out of PS. Case No.-218 Year-2022 Thana- LAUKAHI District- Madhubani
======================================================
Santosh Yadav @ Santosh Kumar @ Santosh Kumar Yadav Son of Ram
Bilash Yadav @ Ram Vilash Yadav R/O Village - Chichorwa @ Chichorba,
P.S.- Laukahi, District - Madhubani (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Adv.
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Laukahi P.S. Case No. 218 of 2022
for the alleged offences under Section 413,414 of the IPC
03. As per prosecution case, during checking of
vehicles, three persons were found riding a motorcycle and on
seeing the police party two of them fled away and coaccused
Indrajeet Yadav was apprehended from the spot. The apprehended
coaccused disclosed that the motorcycle was snatched by the
coaccused with the help of this petitioner and other coaccused
persons and was being used in transportation of illicit liquor.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.14682 of 2026(2) dt.01-04-2026
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The petitioner is not named in the FIR and nothing incriminating
has come on record to show the complicity of the petitioner in the
whole occurrence. Merely on the saying of the coaccused,
petitioner is made accused in the present case. Petitioner is having
clean antecedent and till date no final form has been submitted.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
distinct lack of material against the petitioner and further
considering possibility of false accusation, let the petitioner above
named, in the event of his arrest or surrender before the court
concerned within a period of eight weeks from today, be released
on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each to
the satisfaction of Court of learned ACJM-I, Jhanjharpur in
connection with Laukahi P.S. Case No. 218 of 2022, subject to the
condition laid down under Section 482(2) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
Patna High Court CR. MISC. No.14682 of 2026(2) dt.01-04-2026
3/3
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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