Patna High Court
Mannu Yadav @ Mannu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, in view of the petitioner’s clean antecedent and the absence of evidence linking him to the alleged theft, bail should be granted subject to prescribed conditions.
Summary
Mannu Yadav was arrested on 7 January 2026 in connection with a theft case (PS Case No. 06 of 2026) alleging offences under Sections 305, 317(2) and 3(5) of the BNS, 2023. The prosecution alleged that he, along with two others, attempted to steal a motorcycle belonging to Sanjiv Kumar. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the FIR was fabricated. The court examined the bail application, noting the lack of concrete evidence linking the petitioner to the theft and his clean record. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner under Sections 305, 317(2) and 3(5) of the BNS, 2023.
- Whether the petitioner’s clean antecedent and lack of incriminating evidence justify bail.
- Whether the alleged theft constitutes a bailable offence under the cited provisions.
Legislation cited
- BNS, 2023 — s. 305, 317(2), 3(5)
Subjects
- bail
- false implication
- theft
- criminal antecedent
- BNS 2023
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15182 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- BELDOUR District- Khagaria
======================================================
Mannu Yadav @ Mannu Kumar Yadav S/o- Gajendra Yadav Village-
Pirnagra, P.S- Beldaur, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr. Amit Prakash, learned counsel for the
petitioner and Mr. Uma Shankar Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.01.2026 in connection with Beldaur P.S. Case No. 06 of
2026, F.I.R. dated 06.01.2026 for the offences punishable under
Sections 305, 317(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with two other accused persons trying to steal the motorcycle of
one Sanjiv Kumar from his house.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
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any offence as alleged in the F.I.R. It appears from the F.I.R that
the motorcycle in question belongs to one Sanjiv Kumar but he
had not lodged any F.I.R rather the S.I. of the concerned police
station has lodged the present F.I.R. He further submits that
Section 305 of the BNS, 2023 does not attract in this case. The
petitioner is in custody since 07.01.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the theft article has
not been stolen by the petitioner, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned J.M. 1st Class cum A.M., Khagaria in
connection with Beldaur P.S. Case No. 06 of 2026, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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