Patna High Court
Pawan Kumar Yadav @ Golu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to conditions under Section 438(2) of the Code of Criminal Procedure.
Summary
The petitioner, Pawan Kumar Yadav, sought bail in a theft case (Section 379 IPC) arising from FIR No.100 of 2017, where he was not named in the FIR but was implicated through confessional statements of co‑accused. The prosecution opposed bail, citing four prior criminal antecedents, though all pending cases were in bail. The court noted the lack of direct evidence, absence of a T.I.P., and the petitioner’s claim of innocence. It held that the petitioner could be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC. The order also imposed compliance requirements such as cooperation in trial, presence in court, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to a person not named in the FIR but implicated solely on co‑accused confessional statements.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 379
Subjects
- bail
- Section 379 IPC
- Section 438 CrPC
- theft
- confessional statement
- criminal antecedent
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4031 of 2026
Arising Out of PS. Case No.-100 Year-2017 Thana- KADAMKUAN District- Patna
======================================================
Pawan Kumar Yadav @ Golu Yadav S/o Krishna Yadav R/o Village -
Dumaigarh Nawaka Tola, P.S - Domigarh, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Anuj Kumar, learned counsel for the
petitioner and Mr. Arun Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kadamkuan P.S. Case No. 100 of 2017, F.I.R.
dated 06.03.2017 for the offences punishable under Section 379
of the IPC.
3. According to prosecution case, some unknown
thieves have stolen the motorcycle of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the F.I.R and his name
has been transpired during investigation on the basis of the
confessional statement of the co-accused persons, namely,
Patna High Court CR. MISC. No.4031 of 2026(2) dt.06-02-2026
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Abhishek Kumar Ojha @ Sonu and Chandan Kumar Yadav and
till date no T.I.P has been conducted by the prosecution. Except
the aforesaid, no other material has come during investigation
which suggest the involvement of the petitioner in the present
occurrence.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries four criminal antecedents other
than the present one but fairly submits that all the cases pertains
to excise matter and he is on bail in all the pending cases.
6. Considering the aforesaid facts and circumstances
that the petitioner is not named in the F.I.R and on the basis of
confessional statement of the co-accused persons the name of
the petitioner has been transpired in the present occurrence, let
the petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, 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 S.J. VII
cum A.C.J.M, Patna Sadar, Patna in connection with
Kadamkuan P.S. Case No. 100 of 2017, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.4031 of 2026(2) dt.06-02-2026
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Procedure and with other 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.
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)
Vanisha/-
U T
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