Patna High Court
Niranjan Yadav @ Niranjan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court conditionally grants pre‑arrest bail to the petitioner, subject to verification of documents, a bank guarantee, and a bail bond, under Section 482(2) of the BNSS.
Summary
Niranjan Yadav, the owner of a Hiva truck, was implicated in an FIR alleging that 27 Hiva trucks were seized during a police patrol, with accusations of threats and attempted violence by the driver. Yadav claimed he was not present at the incident, that his driver was operating the truck with a valid licence, and that he has a clean criminal record. He applied for pre‑arrest bail, asserting innocence and lack of involvement. The State opposed the bail, citing the serious nature of the offences listed in the FIR. The Court, after reviewing the FIR, directed the District Court to verify Yadav's vehicle documents under the Motor Vehicle Act and his criminal antecedents, and conditionally ordered his release on pre‑arrest bail upon furnishing a bank guarantee equal to the truck's value and a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious charges under Sections 223(a), 262, 109(1), 132, 302(2) and 3(5) of the BNS.
- Whether the petitioner’s ownership of the truck and the driver’s conduct justify granting bail.
- Whether verification of motor vehicle documents and criminal antecedents is necessary before granting bail.
Legislation cited
- Bihar Negotiable Sale (BNSS) — s. 482(2)
- Motor Vehicle Act
Subjects
- pre‑arrest bail
- motor vehicle act
- seizure of trucks
- false implication
- criminal antecedent
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15107 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Niranjan Yadav @ Niranjan Kumar Yadav, aged 39 years, Male, Son of
Ghuran Yadav, resident of Village - Parsa, Amaour, P.S- Balbadda, Parsa,
District - Godda (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard Mr. Anand Kumar Ojha, learned counsel
appearing on behalf of the petitioner and Mr. Ram Bilash Roy
Raman, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Ghogha P.S. Case No. 139 of 2025, registered for the
offence punishable under Sections 223(a), 262, 109(1), 132,
302(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, on
07.09.2025, in course of patrolling, when the police team had
reached at newly constructed four line where the Mining
Inspector, Bhagalpur and Dy.S.P., Kahalgaon were present,
seized 27 Hiva trucks. The driver had allegedly threatened to
kill the police officials and also attempted to crush. Rest 12
Patna High Court CR. MISC. No.15107 of 2026(2) dt.25-03-2026
2/3
Hiva trucks were seized and present FIR has been lodged
against 27 Hiva trucks for legal action.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. Petitioner is the owner of
the Hiva truck bearing Registration No. JH-04-AC-9113, which
was being driven by his driver and petitioner has no concern
with the occurrence nor he was present at the place of
occurrence. Petitioner has clean antecedent. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the FIR, I find that
altogether 12 Hiva trucks were seized at the place of occurrence.
Petitioner has claimed himself to be the owner of the Hiva truck
bearing Registration No. BR 11 GA-9025 but the same was
being driven by his driver. The driver had valid license. The
learned District Court is directed to verify that the petitioner has
all the required documents as per the provision of Motor Vehicle
Act like papers relating to pollution, insurance and other
documents. In case there is no violation, the petitioner, above
Patna High Court CR. MISC. No.15107 of 2026(2) dt.25-03-2026
3/3
named, is directed to be released on pre-arrest bail, in the event
of his/her arrest or surrender before the learned District Court on
furnishing of Bank Guarantee equal to the value of the Hiva
truck within a period of four weeks from today and 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 Ghogha P.S. Case No. 139 of 2025, subject to
the condition as laid down under Section 482(2) of the BNSS.
7. 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.
(Purnendu Singh, J)
Niraj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.