Patna High Court
Sanjay Yadav @ Fucho YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000, two sureties, and specified conditions.
Summary
The petitioner, Sanjay Yadav, sought bail in a case (Korha PS Case No. 175 of 2025) involving alleged theft of gold, silver ornaments and cash, charged under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that unknown persons broke into a house and stole valuables, and the petitioner was implicated based on a co‑accused’s confessional statement, though his name does not appear in the FIR and no incriminating material was found in his possession. The petitioner argued that he was falsely implicated, had been in custody since 22‑08‑2025, and possessed twenty prior criminal antecedents. The State opposed bail. Considering the lack of direct evidence, the period of custody, and the petitioner’s claim of false implication, the court granted bail subject to a Rs.15,000 bond, two sureties, and several conditions regarding appearance, non‑tampering, territorial restrictions, and future offences.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations and his prior criminal antecedents
- Whether the confessional statement of a co‑accused suffices to justify continued detention in the absence of direct evidence
- Whether the conditions imposed are sufficient to safeguard the trial process
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- confessional statement
- prior criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5824 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- KORHA 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. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Korha
P.S. Case No. 175 of 2025 instituted for the offences under
Sections 331(4), 305 of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that during the
informant’s absence, unknown persons broke open his house
and stole gold, silver ornaments and ₹45,000/- cash.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused. No incriminating article has been recovered
Patna High Court CR. MISC. No.5824 of 2026(2) dt.28-01-2026
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from the conscious possession of the petitioner. Learned
counsel further submitted that petitioner has got no concern with
the stolen articles. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 22.08.2025 and
has twenty criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Korha P.S. Case No.
175 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
Patna High Court CR. MISC. No.5824 of 2026(2) dt.28-01-2026
3/3
(III) 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.
(IV) Petitioner shall not leave the territorial
jurisdiction of the learned court below without taking prior
permission of the court concerned.
(V) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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