Patna High Court
Shyambabu Rai @ Shyambabu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail and is ordered to be released upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Shyambabu Rai, sought bail in a case (PS Kotwa Case No. 438 of 2022) where he was accused under Sections 411, 467, 468, 471, 420 and 34 of the Indian Penal Code for allegedly punching the engine of a stolen bike and preparing duplicate documents. The prosecution’s case relied mainly on the co‑accused Jhunnu Singh’s confessional statement implicating the petitioner, while no material was recovered from the petitioner’s possession. The petitioner’s counsel argued that the engine and chassis numbers of the seized motorcycle did not match the DTO report, the owner denied theft, and the petitioner had no prior criminal record, having been in custody since 20‑10‑2025. The State opposed bail. After hearing both sides, the Court found the prosecution’s evidence insufficient and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether the petitioner is entitled to bail despite the accusations under Sections 411, 467, 468, 471, 420 and 34 of the IPC.
- Whether the co‑accused’s confessional statement alone suffices to justify denial of bail.
Legislation cited
- Indian Penal Code — s. 34, 411, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- criminal procedure
- false implication
- surety
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4946 of 2026
Arising Out of PS. Case No.-438 Year-2022 Thana- KOTWA District- East Champaran
======================================================
Shyambabu Rai @ Shyambabu Yadav Dharmdev Rai @ Dharmdev Yadav
R/o Vill. - Dhangaraha, P.S. - Durariya, District - East champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard Mr. Manoj Kumar, learned counsel for the
petitioner and Mr. Ashok Kumar Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Kotwa P.S. Case No. 438 of 2022 registered for the offence
punishable under Sections 411, 467, 468, 471, 420/34 of the
Indian Penal Code.
3. The case of the prosecution in short is that the co-
accused, namely, Jhunnu Singh, has disclosed the role of this
petitioner that he punches the engine of the stolen bike and also
prepares duplicate documents.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.4946 of 2026(2) dt.04-02-2026
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case. Learned counsel for the petitioner submits that nothing has
been recovered from the possession of this petitioner. The name
of this petitioner has surfaced only in the confessional statement
of the co-accused, namely, Jhunnu Singh. He also submits that
from perusal of the order of the learned trial court, it will
transpire that the learned trial court has recorded that as para 5
of the supplementary case diary, the engine number and chassis
number of the motorcycle seized in this case was not matched as
per the DTO report, and the owner of the seized vehicle, Ashok
Pal, stated that his motorcycle is parked at his house. This shows
that the allegation that the petitioner punched the chassis
number of the stolen bike is not substantiated. He further
submits that a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 20.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.4946 of 2026(2) dt.04-02-2026
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of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, East Champaran, Motihari at Kotwa in
connection with Kotwa P.S. Case No. 438 of 2022.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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