Patna High Court
Bhola Yadav @ Bhola SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
Ankit Yadav and Bhola Yadav were arrested in connection with a motorcycle theft case (Daudnagar PS Case No. 02 of 2025) and charged under Section 309(6) of the B.N.S., 2023. The petitioners contended that they were not named in the FIR and were implicated solely on the basis of a co‑accused’s confessional statement, with no other material evidence or a TIP conducted by the prosecution. The State opposed bail, highlighting the petitioners’ extensive prior criminal records. The Court noted the absence of the petitioners’ names in the FIR, lack of TIP, and the principle of bail for non‑serious offences, and therefore ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the SDJM, Daudnagar, without delay for verification.
Issues considered
- Whether bail should be granted when the accused are not named in the FIR and the only evidence is a co‑accused’s confessional statement.
- Whether the petitioners’ prior criminal antecedents justify denial of bail.
- Whether the absence of a TIP (turn‑in‑person) by the prosecution affects the bail decision.
Legislation cited
- B.N.S., 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- confessional statement
- turn‑in‑person (TIP)
- prior criminal antecedent
- Section 309(6) B.N.S.
- motorcycle theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10746 of 2026
Arising Out of PS. Case No.-2 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
Ankit Yadav @ Ankit Kumar Son of Sanjay Yadav @ Sanjay Singh Resident
of Village - Chandi Patti, P.S. - Karakat, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20194 of 2026
Arising Out of PS. Case No.-2 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
Bhola Yadav @ Bhola Singh Son of Laxman Yadav Resident of Village-
Sikariya, P.S.- Karakat, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 10746 of 2026)
For the Petitioner/s : Mr. Devesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 20194 of 2026)
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Devesh Kumar Singh, learned counsel for
the petitioner and Mr. Surendra Kumar, learned APP for the State
(in Cr. Misc. No. 10746 of 2026) and Mr. Manoj Kumar Singh,
learned counsel for the petitioner and Mr. Dr. Mrityunjaya Kr.
Gautam, learned APP for the State (in Cr. Misc. No. 20194 of
2026) .
2. Petitioners seek bail, who are in custody since
Patna High Court CR. MISC. No.10746 of 2026(3) dt.02-04-2026
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28.06.2025 and 29.03.2025 respectively, in connection with
Daudnagar P.S. Case No. 02 of 2025, F.I.R. dated 02.01.2025
registered for the offences punishable under Sections 309(6) of the
B.N.S., 2023.
3. The F.I.R. of the occurrence of loot of motorcycle is
against unknown.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. He further submits that the petitioners are not
named in the F.I.R. and the name of the petitioners have been
transpired on the basis of confessional statement of co-accused
person and except the confessional statement of co-accused
person, no other cogent material has come during investigation to
suggest the involvement of the petitioners in the present
occurrence and one looted motorcycle was recovered from the
possession of the petitioner namely Bhola Yadav @ Bhola Singh
(Cr. Misc. No. 20194 of 2026). Learned counsel for the petitioners
further submits that although recovery has been made from the
possession of accused Bhola Yadav @ Bhola Singh and till date
no TIP was conducted by the prosecution. He further submits that
the police after investigation submitted chargesheet against the
petitioners and the petitioners are in custody since 28.06.2025 and
29.03.2025 respectively..
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3/4
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioners
and submits that the petitioner, namely, Ankit Yadav @ Ankit
Kumar carries two more cases and the petitioner namely, Bhola
Yadav @ Bhola Singh, carries 21 (twenty one) more cases other
than the present one but fairly submits on the basis of paragraph-3
of the bail petition that the petitioners are on bail in all the pending
matters.
6. Considering the facts and circumstances of the case
and the fact that the petitioners are not named in the F.I.R and till
date no TIP was conducted by the prosecution, let the petitioners,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Daudnagar,
Aurangabad in connection with Daudnagar P.S. Case No. 02 of
2025, subject to the following conditions :-
(1) Petitioners 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
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
Patna High Court CR. MISC. No.10746 of 2026(3) dt.02-04-2026
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cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. 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)
Ibrar//-
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