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Patna High Court

Dharam YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that bail could not be granted and dismissed the petitioner's application for regular bail.

Summary

The petitioner, Dharam Yadav, applied for regular bail in a theft case (PS Case No.166 of 2025) under sections 303(2), 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he was caught red‑handed attempting to steal cash, a Nokia phone, passbooks and a debit card from a State Bank of India branch in Jamui, and that the items were recovered from his possession. The petitioner claimed he was falsely implicated and that no incriminating article was found on him, offering to cooperate with the investigation. The State opposed the bail, emphasizing the seriousness of the theft and the petitioner’s antecedents. The Court, after hearing both sides, declined to grant bail, noting the FIR allegations and the petitioner’s record, and ordered the application dismissed, allowing a fresh bail prayer after six months or upon framing of charge. The decision reflects the Court’s view that the circumstances did not justify release on bail at this stage.

Issues considered

  • Whether the petitioner is entitled to regular bail under sections 303(2), 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged red‑handed theft and his antecedents.

Legislation cited

Subjects

  • regular bail
  • theft
  • Bharatiya Nyaya Sanhita
  • section 303
  • section 317
  • red‑handed theft
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6111 of 2026
                     Arising Out of PS. Case No.-166 Year-2025 Thana- CHANDRADIP District- Jamui
                 ======================================================
                 Dharam Yadav S/o- Kapoor Yadav @ Kapur Yadav R/v- Jurabganj PS- Korha
                 District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vikramadit, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   04-02-2026                       1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Chandradeep P.S. Case

                   no.166 of 2025 registered under sections 303(2), 317(2), 317(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                      3. As per the prosecution case, the petitioner was

                   caught red handed attempting to commit theft in the State Bank

                   of India Branch at Aliganj in the district of Jamui. Various

                   articles as mentioned in the FIR including Nokia phone, two

                   passbooks, debit card, cash etc. were recovered from his

                   possession.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case because of his

                   antecedents. No incriminating article has been recovered from
            Patna High Court CR. MISC. No.6111 of 2026(2) dt.04-02-2026
                                                        2/2




                      his possession. He is in custody since 18.9.2025 and chargesheet

                      has been submitted in the case. He undertakes to cooperate in

                      the investigation/trial.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the FIR according to

                      which the petitioner was caught red handed committing theft in

                      the Aligarh Branch of the State Bank of India together with the

                      antecedents of the petitioner as stated in paragraph no.3 of the

                      petition, the Court is not inclined to enlarge the petitioner on

                      bail and the application is rejected.

                                7. Liberty is granted to the petitioner to renew his prayer

                      for bail after six months or on framing of charge, whichever is

                      later.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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