Patna High Court
Sanjay Yadav @ Fucho YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond with conditions, as the FIR did not name him and no TIP had been conducted.
Summary
The petitioner, Sanjay Yadav, was arrested on 12 August 2025 in connection with a theft case (Barari P.S. Case No. 177 of 2025) and charged under Sections 303(2) and 334(1) of the BNS, 2023. He filed a bail application, claiming innocence, stating that his name was not in the FIR and only emerged during investigation via a self‑confessional statement, with no material recovered and no TIP conducted. The prosecution opposed bail, highlighting that the petitioner has twenty other pending cases, though he is on bail in sixteen of them. The court noted the lack of a TIP, the absence of the petitioner’s name in the FIR, and the reliance on a confessional statement, and therefore granted bail on a bond of Rs.10,000 with two sureties and several conditions. The bail order also directed verification of the petitioner’s criminal antecedents and stipulated cancellation of bail for non‑appearance, tampering with evidence, or concealment of antecedents.
Issues considered
- Whether bail should be granted to the petitioner given the circumstances of his arrest and the nature of the charges.
- Whether the absence of the petitioner’s name in the FIR and lack of TIP affect the bail decision.
Legislation cited
- BNS, 2023 — s. 303(2), 334(1)
Subjects
- bail
- criminal procedure
- FIR
- TIP
- confessional statement
- Sections 303(2) BNS 2023
- Sections 334(1) BNS 2023
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5535 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- BARARI District- Katihar
======================================================
Sanjay Yadav @ Fucho Yadav S/O Raghu Yadav Residents of Village- Barari
Terasi Tola, P.S.- Barari, District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Bimal Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
12.08.2025 in connection with Barari P.S. Case No. 177 of
2025, F.I.R. dated 09.06.2025 for the offences punishable under
Sections 303(2), 334(1) of the BNS, 2023.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to committed theft in the shop of
the informant and stolen many articles including Rs. 35,000/-
also.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel further submits that the petitioner
is not named in the FIR and the name of petitioner has been
transpired during investigation which was recorded in Barari
Patna High Court CR. MISC. No.5535 of 2026(2) dt.29-01-2026
2/3
P.S. Case No. 202 of 2025 and thereafter, the petitioner has
confessed his guilt in the present occurrence. He further submits
that nothing has been recovered from the possession of the
petitioner and till date no TIP has been conducted by the
prosecution and the petitioner has been remanded in the present
case from Barari P.S. Case No. 202/2025 on 31.10.2025 and the
police after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 31.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner carries twenty cases more other than the present one
but fairly submits that the petitioner is on bail in 16 cases and
rest cases are pending for consideration before competent court
of law.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner is not named in the FIR, the
name of the petitioner transpired during investigation on the
basis of self confessional statement and till date no TIP has been
conducted by the prosecution, let the petitioner, above named,
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 Additional Chief Judicial Magistrate-
Patna High Court CR. MISC. No.5535 of 2026(2) dt.29-01-2026
3/3
I, Katihar in connection with Barari P.S. Case No. 177 of 2025,
with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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