Patna High Court
Sanjay Yadav @ Fucho YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Sanjay Yadav, was charged under Sections 331(2) and 305(a) of the Bharatiya Nyaya Sanhita for alleged theft and robbery in Kursela P.S. Case No. 73 of 2025. He contended that he was falsely implicated, not named in the FIR, and that his involvement was inferred solely from a self‑confession in an unrelated case, with no stolen articles recovered from his possession. The petitioner, who has been in custody since 8 September 2025 and has eighteen prior criminal convictions, argued that the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail. Considering the lack of direct evidence, the procedural lapse, and the period already spent in custody, the Court granted bail subject to a Rs.15,000 bond, two sureties, and specific conditions regarding appearance, territorial restrictions, and future offences.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences under Sections 331(2) and 305(a) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s claim of false implication and the absence of incriminating material justify bail.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita — s. 305(a), 331(2)
Subjects
- bail
- false implication
- theft
- robbery
- procedural compliance
- criminal antecedents
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2443 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Sanjay Yadav @ Fucho Yadav Son of Raghu Yadav Residents of Village
-Barari Terasi Tola, P.S. - Barari Terasi Tola, 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 : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kursela
P.S. Case No. 73 of 2025 instituted for the offences under
Sections 331(2) and 305(a) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in short, is that when the
informant came to his house from his shop, he saw that the lock
of the main door was broken and cash and ornaments were
stolen by the unknown thieves.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of self-confession in another
Patna High Court CR. MISC. No.2443 of 2026(2) dt.21-01-2026
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case and only on that basis petitioner has been made an accused
in the present case. No incriminating/looted article has been
recovered from the conscious possession of the petitioner.
Learned counsel further submitted that petitioner has got no
concern with the stolen articles. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
08.09.2025 and has eighteen criminal antecedents. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Kursela P.S. Case
No. 73 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.2443 of 2026(2) dt.21-01-2026
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(IV) The petitioner will not leave the territorial
jurisdiction of the Court below without its prior permission for
the same.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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