Patna High Court
Dharmendra Kumar Yadav @ Dharmendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, due to insufficient material evidence and the petitioner’s prolonged custody, bail must be granted under Section 480(3) of the BNSS.
Summary
Dharmendra Kumar Yadav was arrested in a robbery case (Section 309(6) BNS) where Rs 3,57,000 was allegedly stolen by four miscreants. The petitioner claimed he was falsely implicated, noting the absence of any material evidence against him except a confessional statement, no identification parade, and that the seized Rs 6,000 was not proceeds of crime. He had been in custody since 3 June 2025 and had two prior cases, for which he was already on bail. The State opposed bail, but the court examined the charge sheet, the lack of substantive proof, and the length of custody. Considering these factors and the provisions of Section 480(3) of the BNSS, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to specific conditions. The bail order also stipulated cancellation if the petitioner missed three consecutive court dates or violated any condition.
Issues considered
- Whether the petitioner is entitled to bail under Section 480(3) of the BNSS given the evidentiary material.
- Whether the existing evidence is sufficient to justify denial of bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 480(3)
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- bail
- false implication
- robbery
- criminal procedure
- Section 480(3)
- evidence
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73804 of 2025
Arising Out of PS. Case No.-176 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Dharmendra Kumar Yadav @ Dharmendra Yadav Son of Shyam Yadav R/v -
Ekhari Vrindavan, P.S - Ladaniya, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Adv.
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Ladaniya P.S. Case No. 176 of 2025, registered
for the offences under Sections 309(6) of the BNS.
3. As per the prosecution case, the informant was
robbed of Rs.3,57,000/- by four miscreants who dashed their
motorcycles with the motorcycle of the informant and assaulted
him with butt of katta. The name of the petitioner transpired
during investigation.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in this case. The petitioner has been made accused in this case
merely on suspicion. Except for confessional statement of this
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petitioner, there is no material against him. The petitioner was
not put to any Test Identification Parade. Recovery shown from
the petitioner is of Rs. 6,000/- which is not proceeds of crime
and the mobile phones recovered from the petitioner belong to
him. The petitioner is in custody since 03.06.2025 and charge
sheet has been submitted. The petitioner is having antecedent of
two cases and petitioner is on bail in both the cases.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
petitioner, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned SDJM, Madhubani/concerned court, in
connection with Ladaniya P.S. Case No. 176 of 2025, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
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each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
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.
(Arun Kumar Jha, J)
Anuradha/-
U T
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