Patna High Court

Arun YadavversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Arun Yadav applied for regular bail in a theft case under sections 331(4) and 305 of the B.N.S., where jewellery worth about eleven lakh was stolen from an informant's house. The FIR named unknown miscreants, but a co‑accused, Munna Kumar, gave a confessional statement implicating the petitioner; no material was recovered from the petitioner and he has been in judicial custody since 4 September 2025. The State opposed bail, citing ten prior criminal cases against the petitioner. The court, after hearing both sides, found the evidence against the petitioner insufficient beyond the co‑accused’s confession and ordered his release on regular bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation and weekly police‑station attendance. The bail was granted despite the petitioner’s criminal antecedents.

Issues considered

Whether the petitioner is entitled to regular bail despite a co‑accused’s confessional statement naming him
Whether the petitioner’s prior criminal cases justify denial of bail

Legislation cited

B.N.S. — s. 305, 331(4)

Subjects

regular bail
confessional statement
criminal antecedent
theft
section 331(4)
section 305
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5095 of 2026
                     Arising Out of PS. Case No.-4 Year-2025 Thana- SAKURABAD District- Jehanabad
                 ======================================================
                 Arun Yadav Son of Late Nathun Yadav Resident of Village- Bandhu Bigha,
                 P.S.- Sakurabad, District- Jehanabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 331(4) and

                   305 of B.N.S.

                                3. The case of the prosecution is that from the house

                   of the informant, unknown miscreants have committed theft of

                   jewellery worth of rupees about eleven lakhs, A.C., T.V. and

                   other articles.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against unknown miscreants. During course of investigation,

                   one Munna Kumar was apprehended and he has given his
Patna High Court CR. MISC. No.5095 of 2026(2) dt.04-02-2026
                                            2/3




          confessional statement. He has named this petitioner in his

          confessional statement. Save and except confessional statement

          of co-accused, there is nothing against this petitioner. Nothing

          has been recovered from the possession of this petitioner.

          Moreover, he is languishing in judicial custody since

          04.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and submitted

          that petitioner is having criminal antecedent of ten cases.

                       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 released on bail in connection with

          Shakurabad P.S. Case No. 04 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned J.M. 1st Class, Jehanabad with

          following conditions:-

                        (i) The petitioner shall cooperate in trial and shall

          remain physically present in the trial court on each and

          every fixed date whenever required.

                       (ii) As most of the cases of the petitioner are from

          Shakurabad Police Station, so, he is also directed to mark
            Patna High Court CR. MISC. No.5095 of 2026(2) dt.04-02-2026
                                                        3/3




                      his weekly attendance at Shakurabad P.S.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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