Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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