Created by Fuzzy Cloud

Patna High Court

Shankar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any material incriminating the petitioner, anticipatory bail was granted under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

Shankar Yadav, who was not named in the FIR, was apprehended in connection with a looted truck case (Amas P.S. Case No. 377 of 2022) involving theft of coal and cash. He applied for anticipatory bail, arguing that no incriminating material linked him to the crime except a vague suspicion arising from a self‑confession, and that the investigation was already completed against another accused. The State opposed the bail, seeking his arrest. The Court examined the material and found no substantive evidence tying the petitioner to the offence, noting that the looted truck was found in a public area and no further interrogation was necessary. Consequently, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 CrPC and Section 482 B.N.S.S. given the lack of incriminating evidence?
  • Whether the suspicion arising from a self‑confession is sufficient ground for arrest in the present case?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • criminal procedure
  • theft
  • IPC 392
  • bail conditions
  • lack of evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68580 of 2025
                          Arising Out of PS. Case No.-377 Year-2022 Thana- AMAS District- Gaya
                 ======================================================
                 Shankar Yadav S/o Mahabir Yadav R/o Village- Ram Sagar, P.S.- Mohanpur,
                 Dist.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :        Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   10-02-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, not named in the F.I.R., is

                   apprehending his arrest in connection with Amas P.S. Case

                   No. 377 of 2022 registered for the offences punishable under

                   Sections 392 of the Indian Penal Code.

                             3. As per FIR, the truck of informant bearing

                   Registration No. JH02AF-4514, which was loaded with coal,

                   was looted by some unknown accused persons on 17.08.2022

                   in early morning at about 5:00 A.M. It is also alleged that

                   beside coal worth of Rs. 3,22,634/-, cash of Rs. 56,188/-

                   was also looted.
Patna High Court CR. MISC. No.68580 of 2025(4) dt.10-02-2026
                                            2/3




                   4. Learned counsel appearing on behalf of the

          petitioner submitted that save and except suspicion arising

          out of self-confession, when petitioner was apprehended in

          connection with Barachatti P.S. Case No. 854/2022, nothing

          incriminating materials surfaced during investigation as to

          connect him with the present crime in question. It is

          submitted that even looted truck was found in abandoned

          place accessible by general public.

                   5. It is further submitted that investigation of this case

          in all material aspects has already been completed qua

          apprehended co-accused Guddu Yadav, and, therefore,

          custodial interrogation of this petitioner is not required for any

          further investigation and no purpose of justice shall be served

          even by sending the petitioner to jail.

                   6. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail of the petitioner.

                   7. In view of aforesaid factual submission and by

          taking note of the fact as save and except suspicion prima

          facie arising out of self-confession, nothing incriminating

          appears against this petitioner as to connect him with the
           Patna High Court CR. MISC. No.68580 of 2025(4) dt.10-02-2026
                                                       3/3




                     present      crime     in    question,       accordingly,   above-named

                     petitioner, in the event of his arrest/surrender within a period

                     of four weeks from this order, is directed to be enlarged on

                     bail on furnishing of bail bond of Rs.10,000/- (ten thousand

                     only) with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate - 1st Class,

                     Sherghati at Gaya/concerned court in connection with Amas

                     P.S. Case No. 377 of 2022, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C/Section 482(2) of

                     the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).



                                           (Chandra Shekhar Jha, J)
Rajeev/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.