Patna High Court
Krishna Yadav @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the petitioner’s alleged involvement was based only on suspicion and no incriminating material was recovered.
Summary
Krishna Yadav was arrested in connection with a diesel theft alleged under Sections 303(2), 317(4) and 317(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution’s case rested solely on information from a local watchman and villagers, with no diesel or other incriminating material recovered from the petitioner. The petitioner, who has pending cases of a similar nature, applied for bail, arguing that only suspicion links him to the crime. The Additional Public Prosecutor opposed bail. The High Court observed that the allegation was prima facie and based on suspicion, with no physical possession evidence, and therefore directed the petitioner’s release on bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriate basis for granting bail when the accusation is founded solely on suspicion and no physical evidence?
- Do Sections 303(2), 317(4), 317(5) of the Bhartiya Nyaya Sanhita, 2023, justify denial of bail in the absence of recovered stolen property?
- Can bail be granted under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, despite the petitioner’s prior criminal antecedents?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(4), 317(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- theft
- diesel
- suspicion
- Bhartiya Nyaya Sanhita
- CrPC
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41808 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Krishna Yadav @ Krishna Kumar, S/o Rameshwar Rai @ Rameshwar Yadav,
Resident of village- Dubauly, PS- Dumariyaghat, Distt- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Dumariyaghat
P.S. Case No.42 of 2026 registered under Sections 303(2),
317(4), 317(5) of the Bhartiya Nyaya Sanhita, 2023 (in
short ‘B.N.S.’).
3. Allegation against the petitioner is to involve in
committing theft of diesel from a truck parked near to Tridev
Weigh Bridge, Dubauli Dam, East Champaran.
4. It is submitted by learned counsel appearing for
petitioner that the alleged stolen diesel was not recovered
Patna High Court CR. MISC. No.41808 of 2026(2) dt.30-06-2026
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from the conscious possession of this petitioner and
moreover, his name transpired with the present crime on the
basis of information supplied to informant by local Chaukidar
and villagers. In this background, it is submitted that except
suspicion, nothing surface against this petitioner and his
implication with present occurrence was due to criminal
antecedent as he found involved in two more criminal cases
of similar nature, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the petitioner appears implicated with
present allegation of theft prima facie, on the basis of
suspicion, as discussed aforesaid, where nothing
incriminating appears recovered from physical possession of
the petitioner, 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 Judicial Magistrate- 1st Class,
Patna High Court CR. MISC. No.41808 of 2026(2) dt.30-06-2026
3/3
Motihari, East Champaran in connection with Dumariyaghat
P.S. Case No.42 of 2026, 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/-
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