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Patna High Court

Devjee Yadav @ DibbaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Devjee Yadav, was charged under Section 309(4) of the B.N.S. for allegedly assaulting an informant and causing the theft of Rs.4,40,000. The FIR attributes the theft to other accused, Lalan Yadav and Raja Paswan, who have already been bailed, and suggests the petitioner only participated in a scuffle before being taken away by others. The petitioner had been in custody since 21 August 2025 and a charge‑sheet had been filed. The State opposed bail, citing the FIR allegations. The Court observed that the FIR did not disclose any serious allegation against the petitioner and, considering the elapsed custody and filed charge‑sheet, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of personal appearance and a relative as a bailor. The bail order was pronounced by Justice Smt. Soni Shrivastava.

Issues considered

  • What is the appropriateness of granting bail to the petitioner under Section 309(4) of the B.N.S. given the facts and the FIR?
  • Whether the FIR discloses any serious allegation against the petitioner warranting denial of bail?

Legislation cited

Subjects

  • bail
  • Section 309(4) B.N.S.
  • FIR
  • charge sheet
  • assault
  • theft
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74195 of 2025
                       Arising Out of PS. Case No.-289 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Devjee Yadav @ Dibba S/o Nandu Yadav R/o Village- Alauli, P.S.- Alauli,
                 District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Section 309(4) of the B.N.S.

                                   3. As per the prosecution case, on 29.06.2025,

                   while the informant was riding his motorcycle to his maternal

                   uncle’s house, the petitioner and other co-accused hit his

                   motorcycle, causing him to fall. Subsequently, two unknown

                   persons took his bag containing Rs. 4,40,000/- and fled away.

                                   4. The learned counsel for the petitioner submits

                   that the First Information Report would indicate that the

                   allegations of taking away bags of the informant are on Lalan

                   Yadav and Raja Paswan, who have already been granted bail by

                   the learned Court below. So far as the present petitioner is
Patna High Court CR. MISC. No.74195 of 2025(4) dt.11-02-2026
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          concerned, it is stated that he had indulged in some scuffle and

          he was subsequently taken away by other accused persons. It

          appears that there is no serious allegation of either assault or

          taking away of articles from the possession of the informant.

          Moreover, the petitioner is in custody since 21.08.2025 and

          charge-sheet has already been submitted.

                          5. Learned APP for the State opposed the grant of

          bail on the basis of allegations made in the First Information

          Report.

                         6. Taking into consideration the facts and

          circumstances and considering the fact that the F.I.R. does not

          disclose any serious allegations against the petitioner and he

          had already remained in custody since 21.08.2025 and charge-

          sheet has already been submitted, let the above named

          petitioner, be released on bail 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, Khagaria/concerned Court below in connection

          with Alauli P.S. Case No. 289 of 2025 subject to condition

          that:-

                         (i)    One of the bailors will be his own blood

          relative, preferably, father, mother, brother, sister and/or his
              Patna High Court CR. MISC. No.74195 of 2025(4) dt.11-02-2026
                                                          3/3




                        wife.

                                       (ii) The petitioner shall remain physically present

                        in court on each and every date during trial and in the event of

                        failure on two consecutive dates without sufficient reasons, his

                        bail bonds shall be liable to be cancelled by the learned court

                        concerned.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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