Patna High Court
Upendra Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties and specified conditions.
Summary
The petitioner, Upendra Prasad Yadav, was arrested on 20‑12‑2025 in connection with a case involving alleged theft of two motorcycles, charged under Sections 318(4), 317(5), 338 and 336(3) of the Bharatiya Nyay Sanhita, 2023. He contended that the police recovered the motorcycles from a house he does not own, that the seizure list comprised only police personnel, and that Sections 103 and 105 of the BNSS were not complied with, rendering the charge‑sheet defective. The prosecution opposed bail, highlighting two prior criminal antecedents of the petitioner. The High Court, after considering the procedural allegations and the seriousness of the offences, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of personal appearance, non‑tampering with evidence or witnesses, and verification of the petitioner’s criminal antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether the alleged non‑compliance with Sections 103 and 105 of the Bharatiya Nyay Sanhita, 2023, warrants the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude bail in a case involving serious offences under the BNSS.
- Whether the procedural irregularities alleged in the seizure and charge‑sheet justify bail despite the nature of the offences.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 317(5), 318(4), 336(3), 338
Subjects
- bail
- criminal procedure
- procedural compliance
- seizure of property
- motorcycle theft
- prior convictions
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29486 of 2026
Arising Out of PS. Case No.-447 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Upendra Prasad Yadav Son of Sewak Rai Resident of Village- Kanuniya
Kathenwa, P.S.- Adapur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Anil Kumar, learned counsel for the
petitioner as well as Mr. Jitendra Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.12.2025 in connection with Adapur P.S. Case No. 447 of
2025, F.I.R. dated 19.12.2025 for the offences punishable under
Sections 318(4), 317(5), 338, 336(3) of the Bharatiya Nyay
Sanhita, 2023.
3. According to prosecution case, police recovered
two stolen motorcycles from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. From bare perusal of the FIR it appears that on the
basis of secret information, police recovered two motorcycle
Patna High Court CR. MISC. No.29486 of 2026(2) dt.04-05-2026
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from the house of the petitioner. He next submits that petitioner
is not the absolute owner of the house in question. He further
submits that seizure list witnesses are police personnel and there
is non-compliance of Section 103 and 105 of BNSS. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
20.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries two criminal antecedents other
than the present one.
6. Considering the aforesaid facts and circumstances,
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 Judicial
Magistrate-I Class, Raxual, Motihari in connection with Adapur
P.S. Case No. 447 of 2025, 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.
Patna High Court CR. MISC. No.29486 of 2026(2) dt.04-05-2026
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ii. If the petitioner tampers with the evidence or the
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)
Suruchi/-
U T
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