Patna High Court
Vivek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Vivek Yadav was implicated in a diesel‑theft case (PS Dumariyaghat Case No. 358 of 2025) and charged under Sections 303(2), 317(4) and 317(5) of the B.N.S. He applied for bail, arguing that no diesel was recovered from his possession and that the seizure was not witnessed by an independent person, violating statutory search‑seizure requirements. The State opposed bail, citing two prior criminal antecedents, although it noted that the petitioner was already on bail in all other matters. The Court examined the lack of physical recovery and procedural lapses in the seizure, and held that these factors outweighed the State’s objections. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., including cooperation with the investigation and a family member as one bailor.
Issues considered
- Whether bail should be granted in view of the absence of recovered contraband and alleged violation of seizure procedures.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S. — s. 303(2), 317(4), 317(5)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- seizure procedure
- independent witness
- diesel theft
- criminal antecedents
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24824 of 2026
Arising Out of PS. Case No.-358 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Vivek Yadav S/o- Vinay Yadav R/v- Rampur Khajuriya Ps- Dumariyaghat
Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
Ms. Harsha Shashwat
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 303(2),
317(4), 317(5) of the BNS.
3. Petitioner is said to have involved in stealing
diesel from the truck.
4. It is submitted by learned counsel for the
petitioner that there is no recovery from the physical and
conscious possession of the petitioner. As a matter of fact, the
name of the petitioner has surfaced in the present case on the
basis of disclosure made by some local villagers. It is submitted
that the said recovery has been made near the house of the
petitioner and also near the highway. It is further submitted that
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the mandatory provisions of search and seizure have been
violated as there is no independent witness to the seizure list.
5. Learned APP for the State opposes the prayer for
bail on the ground that petitioner has two criminal antecedents.
In response, it has been submitted that the petitioner is on bail in
all the cases.
6. Taking into consideration the facts and
circumstances and also considering that there is no recovery
from the possession of the petitioner and there is no independent
witness to the seizure list, let the above named petitioner in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Dumariyaghat P.S. Case No. 358 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C./482(2) of the B.N.S.S., subject to the further
conditions:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) One of the bailors will be a family member/close
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relative.
(iii) In case, the petitioner is found involved in similar
nature of offence in future, the prosecution would be at liberty
to take steps for cancellation of bail bonds of the petitioner.
(Soni Shrivastava, J)
Trivedi/-
U T
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