Patna High Court
Dharam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 317(5)
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
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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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