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Patna High Court

Shyambabu Rai @ Shyambabu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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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