Patna High Court
Lav Kumar @ Lav Kumar Yadav @ Ram Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding insufficient material evidence against him.
Summary
The petitioner, Lav Kumar Yadav, was named in an FIR for alleged theft of electric wire under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, based solely on the confession of a co-accused, Nand Kumar Yadav. No incriminating material was recovered from the petitioner’s possession and he claimed a clean antecedent. The petitioner applied for anticipatory bail, arguing that the sole basis of the accusation was the co-accused’s statement. The State opposed the bail, contending that the FIR disclosed a cognizable offence. Considering the lack of material evidence against the petitioner and his clean record, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC/Section 482 B.N.S. when the only evidence is the co-accused’s statement and no material is found on the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- theft
- electric wire
- clean antecedent
- Section 438
- Section 303
- Section 317
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44683 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Chakki District- Buxar
======================================================
Lav Kumar @ Lav Kumar Yadav @ Ram Kumar Yadav S/O Rajkumar Yadav
Resident of village- Pranpur, PO- Shivapur Diyar, PS- Kotwali Balliya,
District- Balliya (U.P.)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Chakki P.S. Case No.23 of 2026, F.I.R dated
27.03.2026 registered for the offences punishable under
Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita,
2023.
3. According to prosecution case, on 26.03.2026 at
about 7:47 a.m., the informant received information from an
associate that villagers had apprehended one of two persons
allegedly cutting electric wires, while the other managed to flee.
Upon reaching the place of occurrence, the informant found that
wire from 16 L.T. poles had been stolen and 30 metres of wire
Patna High Court CR. MISC. No.44683 of 2026(2) dt.08-07-2026
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had been recovered from the apprehended person. The company
allegedly suffered a loss of Rs.1,05,500. The apprehended
person identified himself as Nand Kumar Yadav and disclosed
the name of the absconding co-accused as Lav Kumar Yadav
(the petitioner), following which the present FIR was lodged
against both accused.
4. Learned counsel for the petitioner submits that
specific allegation of theft, as per the F.I.R., is attributed against
the co-accused, Nand Kumar Yadav, from whose possession an
electric wire worth Rs.1,05,500/- is said to have been recovered
for which seizure is said to have been prepared. It is the case of
the petitioner that the name of the petitioner has transpired on
the disclosure made by the said co-accused, namely, Nand
Kumar Yadav, while, no incriminating material is said to have
been recovered from the conscious / constructive possession of
the petitioner. It has lastly been submitted that the petitioner has
clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the name of the petitioner has transpired on the disclosure
made by the said co-accused, namely, Nand Kumar Yadav,
Patna High Court CR. MISC. No.44683 of 2026(2) dt.08-07-2026
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while, no incriminating material is said to have been recovered
from the conscious / constructive possession of the petitioner
and the petitioner has clean antecedent. Accordingly, this Court
is inclined to grant the privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, above named, in the event of
his/her 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 C.J.M., Buxar, in connection with
Chakki P.S. Case No.23 of 2026, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
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(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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