Patna High Court
Sanjay Yadav @ Fucho Yadav @ FuchoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with a bond of Rs.10,000 and specified conditions of appearance and conduct.
Summary
The petitioner, Sanjay Yadav, sought bail in a case registered under Sections 305 and 331(4) of the B.N.S. for an alleged theft. The prosecution alleged that unknown miscreants committed the theft, while the petitioner claimed innocence, noting an 11‑day delay in filing the FIR and the absence of any material recovered from him. The petitioner had earlier given a confessional statement in a related case and had a history of 20 similar offences, and he had been in judicial custody since 17 January 2026. The State opposed bail, but the court, after considering the delay in the FIR, lack of recovered evidence, and the petitioner’s right to liberty, ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions of personal appearance, weekly attendance at the police station, and a prohibition on committing similar offences. The bail was granted subject to these conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the delay in lodging the FIR and the existence of a prior confessional statement.
- Whether the petitioner’s extensive criminal antecedent precludes the grant of bail.
- Whether the conditions imposed are sufficient to ensure the petitioner’s attendance and prevent further offences.
Legislation cited
- B.N.S. — s. 305, 331(4)
Subjects
- bail
- criminal procedure
- FIR delay
- confessional statement
- prior criminal record
- Section 305 B.N.S.
- Section 331(4) B.N.S.
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20739 of 2026
Arising Out of PS. Case No.-201 Year-2025 Thana- BARARI District- Katihar
======================================================
Sanjay Yadav @ Fucho Yadav @ Fucho, S/O Raghu Yadav, Residents of
Village -Barari Terasi Tola, P.S.-Barari, District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Barari P.S. Case No. 201 of 2025 registered for the offence
punishable under Sections 305 and 331(4) of B.N.S.
3. The case of the prosecution, in short, is that some
unknown miscreants have committed theft in the house of the
informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. The F.I.R. was lodged against unknown
miscreants. From perusal of the F.I.R., it is clear that the
occurrence is of 19.06.2025 whereas the F.I.R. has been lodged
on 30.06.2025. There is delay of 11 days in lodging the F.I.R.
Patna High Court CR. MISC. No.20739 of 2026(2) dt.01-04-2026
2/3
and the delay is not explained. It has further been submitted that
petitioner was remanded in this case from Barari P.S. Case No.
202 of 2025 wherein he has given his confessional statement. It
has further been submitted that nothing has been recovered from
his possession. Save and except the confessional statement,
there is nothing against the petitioner. He has been framed in
this case as he is having criminal antecedent of 20 cases of
similar nature. He is languishing in judicial custody since
17.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-I, Katihar in connection
with Barari P.S. Case No. 201 of 2025 with the following
conditions:-
(i) One of the bailors shall be near relative of the
petitioner.
Patna High Court CR. MISC. No.20739 of 2026(2) dt.01-04-2026
3/3
(ii) Petitioner shall remain physically present on
each and every date in the learned trial Court and he shall
also mark his attendance weekly at Barari P.S.
(iii) He shall not indulge himself in similar nature
of the offences in future.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…