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Patna High Court

Nagmani YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Nagmani Yadav, a daily‑wage labourer, feared arrest in a theft case (Govindpur PS Case No. 315 of 2025) involving alleged misappropriation of wheat and rice, alleged under Sections 305(e) and 334(2) of the Bihar Negotiable Securities Act. The FIR does not name him, but his name appears in a confessional statement of another accused, Pankaj Kumar. He asserted that he has no involvement, possesses a clean antecedent, and that no grain was recovered from his residence. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bihar Negotiable Securities Act, including surety bonds and personal appearance requirements. The order also stipulated that bail could be cancelled for non‑appearance, involvement in similar offences, or concealment of antecedents.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) CrPC in view of the allegations and his alleged non‑involvement?

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • Section 305(e)
  • Section 334(2)
  • Criminal Procedure
  • Bihar Negotiable Securities Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6366 of 2026
                     Arising Out of PS. Case No.-315 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Nagmani Yadav Son of Karu Yadav R/o- At Shiv Nagar, P.S.- Nawada, Dist.-
                 Nawada.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amit Ranjan, Advocate
                 For the Opposite Party/s :      Mr.Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   04-02-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection

                   with Govindpur P.S. Case No. 315 of 2025 registered for

                   the offences under Sections 305(e), 334(2) of the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that upon opening his godown, he found that 1142

                   bags of wheat and 200 bags of rice were missing.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is not named in the F.I.R and that his name

                   has surfaced in the confessional statement of one Pankaj

                   Kumar. It has further been submitted that the petitioner is a

                   daily wage labourer and he has no concern with the theft of

                   the said wheat and rice bags and moreover, the owner of the
Patna High Court CR. MISC. No.6366 of 2026(2) dt.04-02-2026
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          godown from where the grains were recovered has already

          been enlarged on bail by the learned S.D.J.M., Nawada. It

          has lastly been submitted that no recovery has been made

          from the house of the petitioner and that the petitioner

          carries clean antecedent.

                       5. Learned APP for the State has vehemently

          opposed the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioner above named be

          released on anticipatory bail, in the event of arrest or

          surrender before the learned Court below within a period of

          four weeks from today, on furnishing bail bonds of

          Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection

          with Govindpur P.S. Case No. 315 of 2025 subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure read with corresponding Section 482(2)

          of B.N.S.S. as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be

                          his close relative.
Patna High Court CR. MISC. No.6366 of 2026(2) dt.04-02-2026
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                          (ii) The petitioner shall remain physically

                          present in Court on each date of the trial.

                          (iii) In case of absence on two consecutive

                          dates, or in violation of the terms of the bail, the

                          bail bond of the petitioner will be liable to be

                          cancelled by the Court concerned.

                          (iv) If the petitioner is found involved in similar

                          nature of offence in future, the prosecution shall

                          be at liberty to move for cancellation of his bail

                          bond.

                          (v) The learned 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.

                       7. Accordingly, the prayer for anticipatory bail is

          allowed.
           Patna High Court CR. MISC. No.6366 of 2026(2) dt.04-02-2026
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                                  8. It is made clear that the observations, if any,

                     made in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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