Patna High Court
Ghanshyam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, notwithstanding the petitioner’s prior criminal antecedent, the circumstances of false implication and the period of custody justified the grant of bail.
Summary
Ghanshyam Yadav was arrested in connection with Kalyanbigha Police Station Case No.66 of 2025 under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 for alleged theft of an e‑rickshaw, a mobile phone and cash. The prosecution alleged that unknown miscreants committed the theft, while the petitioner contended that he was falsely implicated, not named in the FIR, and identified only through a co‑accused’s confessional statement. He has been in custody since 15 September 2025 and has one prior criminal antecedent. The State opposed bail, but the court noted the length of custody, the claim of false implication, and that a co‑accused had already been granted bail. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding appearance and surety composition.
Issues considered
- Whether the petitioner is entitled to bail under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 despite a prior criminal antecedent
- Whether the alleged false implication of the petitioner warrants the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- bail
- false implication
- theft
- e‑rickshaw
- Bharatiya Nyaya Sanhita
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75939 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- Kalyan Bigha District- Nalanda
======================================================
Ghanshyam Yadav S/O Sharwan Yadav R/v - Sagarpur,P.S - Kalayan Bigha,
District -Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Kalyanbigha P.S. Case No. 66 of 2025 instituted for the offence
under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that unknown
miscreants took away the e-rickshaw of the informant. It is
further alleged that they also took away one mobile phone along
with cash of Rs. 1500/-
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 15.09.2025. Petitioner
bears one criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
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5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Prem Kumar @ Teni. So far as recovery of
five batteries is concerned, it is submitted that petitioner deals in
repairing of batteries and none of the recovered batteries is of e-
rickshaw. Other co-accused has been granted bail by this Court
vide order dated 09.12.2025, passed in Cr. Misc. No. 82124 of
2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and manner of petitioner’s implication, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kalyanbigha P.S.
Case No. 66 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
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family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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