Patna High Court
Subodh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Subodh Yadav, was arrested in connection with an alleged theft under Section‑309(4) of the B.N.S., claiming that two unknown persons had robbed him and that he was falsely implicated. He has been in custody since 15‑05‑2025 and no material evidence has been recovered from him; the only statement against him is a confessional one, which is not admissible. No TIP (Technical Investigation Procedure) has been conducted, and a co‑accused in a similar situation was granted bail. The State opposed bail, but the court considered the lack of evidence and the petitioner’s custody duration. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to his cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner accused under Section‑309(4) of the B.N.S. given the absence of material evidence and the existence of an inadmissible confessional statement.
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309
- false implication
- confessional statement
- surety
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57804 of 2025
Arising Out of PS. Case No.-109 Year-2025 Thana- BAUNSI District- Banka
======================================================
Subodh Yadav S/o Hira Yadav @ Hira Prasad Yadav R/o Village- Angaru,
P.S.- Bounsi, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section-309(4) of the B.N.S.
3. It is alleged that in course of returning home, in the
way, two unknown persons riding on a motorcycle, intercepted
the informant and snatched his backpack and purse containing
Rs. 500 from his pocket and took away his motorcycle and other
belongings.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. Nothing has been recovered from his possession.
No TIP has been conducted till date and except confessional
Patna High Court CR. MISC. No.57804 of 2025(3) dt.21-01-2026
2/2
statement, which is not admissible in the eye of law, there is
nothing against the petitioner. The petitioner is in custody since
15-05-2025 and other co-accused on similar footing has been
granted bail.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, 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 learned Chief Judicial
Magistrate, Banka in connection with Bounsi P.S. Case No. 109
of 2025 with condition that the petitioner shall cooperate with
the trial of the case and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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