Patna High Court
Raghu Yadav @ Rajan Kumar @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, directing his release on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Raghu Yadav, was not named in the FIR but was implicated in a theft case (PS Case No.40 of 2026) under Sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged theft of electrical goods and ornaments worth several lakhs, and a witness, Pawan Kumar, claimed to have seen the petitioner near the crime scene. The petitioner, who has a clean antecedent, applied for bail, arguing that the only basis for his implication was the eyewitness testimony. The Additional Public Prosecutor opposed bail, contending that the petitioner was prima facie involved. The Court, after noting the limited evidential basis, held that the petitioner could be released on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS. Consequently, the petitioner was ordered to surrender within four weeks and was granted bail.
Issues considered
- Whether the petitioner is entitled to bail despite a prima facie implication based solely on eyewitness testimony
- Whether the conditions under Section 438(2) CrPC and Section 482(2) BNSS justify granting bail in this case
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 305, 331(4)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- theft
- eyewitness testimony
- prima facie evidence
- Bhartiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30182 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Raghu Yadav @ Rajan Kumar @ Ranjan Kumar, Son of Krishna Dev Rai,
Resident of Village-Korbadha, P.S.- Samastipur Muffasil, District- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Samastipur
Muffasil P.S. Case No.40 of 2026 registered under Sections
331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023 (in
short ‘B.N.S.’).
3. As per FIR, on intervening night of 30.01.2026,
some unknown persons committed theft in the house of the
informant and stolen cable and goods related with electric
wiring worth of Rs.3,45,000/- and golden and silver
ornaments along with steel utensils worth of Rs.3,00,000/-.
Patna High Court CR. MISC. No.30182 of 2026(2) dt.11-05-2026
2/3
4. It is submitted by learned counsel appearing
for petitioner that during the course of investigation, one
witness namely, Pawan Kumar, claimed himself as an eye-
witness of the occurrence stated that this petitioner along
with one another person namely, Rajan Kumar were found
roaming near to the house of the informant. It is pointed
out that only with this much suspicion, the petitioner was
implicated with present case, who is otherwise a man of
clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and
by taking note of fact as petitioner prima facie appears
implicated with present crime in question for the reason that
he was witnessed roaming near to the house of the
informant, accordingly, the petitioner, above-named, who is
a man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released 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
Patna High Court CR. MISC. No.30182 of 2026(2) dt.11-05-2026
3/3
learned A.C.J.M.-II, Samastipur in connection with
Samastipur Muffasil P.S. Case No.40 of 2026, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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