Patna High Court
Dharmendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the bail petition, directing that the petitioner be enlarged on bail upon arrest or surrender, subject to prescribed bond and conditions.
Summary
The petitioner, Dharmendra Yadav, applied for bail in connection with Vijayipur P.S. Case No. 90 of 2026, which alleged offences under Sections 317(3), 338, 336 and 3(5) of the B.N.S., 2023. The police had intercepted a Scorpio vehicle allegedly linked to a theft reported in Odisha, and the driver confessed to transporting the vehicle for a person named Amlesh Yadav. The petitioner claimed innocence, arguing that the prosecution’s case rested solely on a confessional statement of a co‑accused, which he contended lacks evidentiary value under the Evidence Act, and that no incriminating material was recovered from him. The State opposed bail, while the petitioner highlighted that a co‑accused had already been granted anticipatory bail and that he had only one disclosed criminal antecedent. The court, after considering the circumstances, allowed the bail petition, directing that the petitioner be enlarged on bail upon arrest or surrender, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether a confessional statement of a co‑accused, made to police, is admissible as evidence for granting bail.
- Whether the petitioner’s disclosed criminal antecedent precludes bail.
- Whether the anticipatory bail granted to a co‑accused influences the petitioner’s bail application.
Legislation cited
- B.N.S., 2023 — s. 317(3), 336, 338, 3(5)
- B.N.S.S., 2023 — s. 482(2)
- Indian Evidence Act, 1872
Subjects
- bail
- anticipatory bail
- confessional statement
- criminal antecedent
- Section 482
- Evidence Act
- vehicle theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41291 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- VIJAYEPUR District- Gopalganj
======================================================
Dharmendra Yadav S/o Timal Yadav Resident of Village- Koreya, P.S-
Vijayipur, District -Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the State : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Vijayipur P.S. Case No. 90 of 2026 dated
16.03.2026, registered for the offences punishable under
Sections 317(3), 338, 336 and 3(5) of B.N.S., 2023.
3. As per allegation, during checking of vehicles, the
police intercepted the Scorpio vehicle. However, no documents
were produced by the driver of the vehicle to the police and
after inquiry, police came to know that the vehicle belongs to a
person living in Odisha, who has lodged an FIR in regard to
theft of the vehicle in question. The driver of the vehicle was
apprehended and he confessed to the police that he was carrying
vehicle from one Amlesh Yadav at the direction of Guddu
Patna High Court CR. MISC. No.41291 of 2026(2) dt.01-07-2026
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Yadav, who had given him Rs. 10,000/-.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that there is no recovery of any
incriminating material from the physical possession of the
petitioner. The prosecution case against the petitioner is based
only on so-called confessional statement of co-accused before
the police which has no evidentiary value as per the Evidence
Act. There is also no cogent and incriminating material on
record against the petitioner. He also submits that co-
accused/Amlesh Yadav has already been enlarged on
anticipatory bail by a co-ordinate Bench of this Court vide order
dated 17.06.2026, passed in Cr. Misc. No. 39332 of 2026.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has one criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
Patna High Court CR. MISC. No.41291 of 2026(2) dt.01-07-2026
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to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Vijayipur P.S. Case No. 90 of 2026, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S
2023, and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
shoaib/-
U T
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