Patna High Court
Omprakash YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court granted conditional anticipatory bail to the petitioner, subject to surrender within six weeks and furnishing of bail bonds.
Summary
The petitioner, Omprakash Yadav, feared arrest in a case where police recovered 350 litres of diesel from NK Sweet House, alleging it was stolen and that he was involved. The prosecution’s case is based on an informant’s tip that the petitioner and another accused stored the diesel at the said location. The petitioner contended that he is a bona‑fide purchaser of the diesel for agricultural purposes, having bought it from M/s Jai Ambey Petroleum on 30‑01‑2026 and produced a receipt, and he has no prior criminal record. The State opposed the grant of anticipatory bail. After considering the submissions, the court ordered that if the petitioner surrenders or is arrested within six weeks, he shall be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita. The order effectively grants conditional anticipatory bail to the petitioner.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bhartiya Nyaya Sanhita in view of the alleged theft of diesel.
- Whether the petitioner’s claim of legitimate purchase and lack of criminal antecedents justify bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5), 3(5), 482(2)
Subjects
- anticipatory bail
- theft of diesel
- agricultural use
- criminal procedure
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31811 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- SIDHWALIYA District- Gopalganj
======================================================
Omprakash Yadav, S/o Mandev Yadav, Resident of Village - Mujawna PS -
Manjhagarh, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Sidhwaliya P.S. Case No. 28 of 2026 dated 02.02.2026 instituted
for the offence punishable under Sections 317(5), 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the informant
got information that the petitioner and one other accused person
have kept the stolen diesel in NK Sweet House. Thereafter the
informant along with police personnel reached the place of
occurrence and recovered total 350 litres diesel kept in different
drums from NK Sweet House, but the accused persons including
the petitioner managed to escape away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.31811 of 2026(2) dt.07-05-2026
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petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that the petitioner is the bonafide
purchaser of the said diesel. The aforesaid diesel has been
purchased form M/s Jai Ambey Petroleum, Indian Oil Company
Ltd, Bakhrour, Jaddi Barauli, Gopalganj on 30.01.2026 and it is
not the stolen diesel rather it was purchased for agriculture
work. It is further submitted that the petitioner is doing
agricultural work and has a Tractor, therefore, he has purchased
diesel from the said petrol pump for which receipt has been
issued and in support of this statement, the receipt of the same
has been annexed as Annexure P/2. Lastly, it has been submitted
that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Sidhwaliya P.S. Case
No. 28 of 2026, he will be released on bail upon furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Gopalganj subject to condition as laid down under
Patna High Court CR. MISC. No.31811 of 2026(2) dt.07-05-2026
3/3
Section 482(2) of the B.N.S.S.
(Khatim Reza, J)
premchand/-
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