Patna High Court
Abhay Kumar @ Abhay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the prosecution failed to produce any material evidence linking him to the alleged offence.
Summary
The petitioner, Abhay Kumar, was not named in the FIR relating to a murder case under Section 304(2) of the Bhartiya Nyaya Sanhita, 2023. The informant’s mobile, allegedly stolen, was said to have been sold to the petitioner by a co‑accused, but no documentary evidence or recovery of the phone from the petitioner was produced. The prosecution opposed bail, arguing involvement in the sale of the stolen phone. The court noted the lack of material evidence linking the petitioner to the offence, observing that the mobile was recovered from other co‑accused and the petitioner’s only connection was an uncorroborated statement. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail can be granted to the petitioner in the absence of substantive evidence linking him to the offence under Section 304(2) B.N.S.
- Whether the petitioner’s alleged involvement in the sale of the stolen mobile constitutes sufficient ground to deny bail under Section 438 CrPC and Section 482 BNSS
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 304(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- evidentiary insufficiency
- FIR
- Section 304(2) B.N.S.
- Criminal Procedure
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36677 of 2026
Arising Out of PS. Case No.-189 Year-2024 Thana- Marnga District- Purnia
======================================================
Abhay Kumar @ Abhay Yadav, S/o Ganga Prasad Yadav @ Ganga Yadav, R/o
Village- Kabaiya, PS- Maranga, District- Purnia
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 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 Maranga P.S.
Case No.189 of 2024 registered under Sections 304(2) of
the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).
3. As per FIR, the mobile of informant was
snatched by unknown co-accused persons on 28.08.2024
while he was returning after receiving treatment from one
Dr. Rajesh Kumar.
4. It is submitted by learned counsel that mobile of
informant was seized from one Piyush Anand and that too
before one year, who disclosed the name of this petitioner
Patna High Court CR. MISC. No.36677 of 2026(2) dt.16-06-2026
2/3
saying that the mobile of informant was sold to him by this
petitioner against cash of Rs.2,500/-. It is submitted that
except said incriminating statement without any cogent
material or documentary evidence, the petitioner was
implicated with present case. It is submitted that no
recovery of mobile was made from the possession of this
petitioner. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and
taking note of fact as recovery of alleged mobile of
informant was made from co-accused persons, where
implication of this petitioner is only with disclosure that he
sold the stolen mobile to apprehended co-accused, without
having any documentary evidence, accordingly, the
petitioner, above-named, 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
learned Chief Judicial Magistrate, Purnea in connection with
Patna High Court CR. MISC. No.36677 of 2026(2) dt.16-06-2026
3/3
Maranga P.S. Case No.189 of 2024, 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.