Patna High Court
Soljar Yadav @ Soljar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Soljar Yadav, sought bail fearing arrest in a case (Banka P.S. Case No.214 of 2025) alleging theft of an informant’s TOTO and facilitation of a co‑accused in stealing an e‑rickshaw, with charges under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, stating no specific overt act was alleged against him and that his name appeared only in a co‑accused’s confessional statement, despite having one prior criminal antecedent. The State opposed the bail application. The Court, after considering the circumstances, granted bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 482(2) of the BNSS, including appearance before the trial court, non‑tampering with witnesses or evidence, and refraining from further offences. The order stipulated that failure to comply could lead to cancellation of bail. The bail was ordered to be effected within six weeks of the order.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged theft and facilitation under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita
- Whether the petitioner poses a risk of fleeing, tampering with evidence or witnesses, or committing further offences
- Applicability of Section 482(2) of the BNSS in imposing bail conditions
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2), 482(2)
Subjects
- bail
- Bharatiya Nyaya Sanhita
- Section 303
- Section 317
- Section 482
- criminal procedure
- theft
- confessional statement
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6646 of 2026
Arising Out of PS. Case No.-214 Year-2025 Thana- BANKA District- Banka
======================================================
Soljar Yadav @ Soljar Kumar S/O Sadanand Yadav Resident of Vill.- Laskari,
P.S. and Dist.- Banka
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey
For the Opposite Party/s : Mr. Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Banka P.S. Case No.214 of 2025 dated
14.05.2025 registered for the offence punishable under Sections
303(2), 317(2) of the Bharatiya Nyaya Sanhita.
3. As per the allegation, the petitioner is said to
have been involved in the theft of the informant’s TOTO bearing
No. BRER2979.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. There is no allegation of any specific overt act against the
petitioner. The only allegation against the petitioner is that he is
said to have facilitated the co-accused Nikhil Kumar in stealing
Patna High Court CR. MISC. No.6646 of 2026(2) dt.04-02-2026
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the e-rickshaw, and his name has transpired in the confessional
statement in the instant case. Lastly, it is submitted that the
petitioner has one criminal antecedent.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the above named petitioner, be released on bail, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka/Successor Court in connection with Banka
P.S. Case No.214 of 2025 subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.6646 of 2026(2) dt.04-02-2026
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(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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