Patna High Court
Amit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
Amit Kumar Yadav was arrested in connection with a burglary case (Bahera P.S. Case No. 414 of 2024) alleged under Sections 305(a) and 331(4) of the Bihar Narcotic Substances Act, 2023, where ten unknown persons allegedly broke into an informant's house and stole goods worth Rs. 30 lakh. The petitioner sought regular bail, contending that his name appeared only in the confessional statement of co‑accused Mangal Sah, who had already been granted bail, and that no incriminating material was recovered from him. The prosecution opposed the bail on the basis of the confessional statement. The court considered the lack of physical evidence against the petitioner and his cooperation with the trial. It ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, and directed his release subject to conditions of cooperation and availability for court proceedings.
Issues considered
- Whether the petitioner is entitled to regular bail despite being mentioned in a co‑accused's confessional statement and the absence of recovered incriminating material.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 305(a), 331(4)
Subjects
- bail
- regular bail
- confessional statement
- theft
- burglary
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38128 of 2025
Arising Out of PS. Case No.-414 Year-2024 Thana- BAHERA District- Darbhanga
======================================================
Amit Kumar Yadav Son of Arun Yadav R/o Village Sohas, PS Bisfi (Patauna),
District Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Bahera P.S. Case No. 414 of 2024, registered for the
offences punishable under Sections 305(a), 331(4) of the BNS,
2023.
3. As per the prosecution case, ten unknown
miscreants are alleged to have entered the house of the
informant by breaking the lock and to have stolen articles worth
Rs. 30 lacs.
4. The learned counsel for the petitioner has submitted
that the name of the petitioner has figured in the confessional
statement of co-accused Mangal Sah, who has been granted bail
by a co-ordinate Bench of this Court. No incriminating article in
Patna High Court CR. MISC. No.38128 of 2025(3) dt.21-01-2026
2/2
the present case has been recovered from the petitioner. The
petitioner has been in custody since 25.01.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned ACJM, Benipur, Darbhanga/Concerned Court in
connection with Bahera P.S. Case No. 414 of 2024, subject to
the following conditions that the petitioner shall cooperate in
the disposal of trial and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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