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Patna High Court

Sanjay Yadav @ Fucho YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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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