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Patna High Court

Mannu Yadav @ Mannu Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.15182 of 2026(2) dt.10-03-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.15182 of 2026(2) dt.10-03-2026
                                                        3/3




                      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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