Patna High Court
Nagmani YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bihar Negotiable Securities Act — s. 305(e), 334(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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.
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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.
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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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