Patna High Court
Sanjay Yadav @ Fucho YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a cash bond and specified conditions.
Summary
The petitioner, Sanjay Yadav, was arrested in connection with a theft case (Kursela P.S. Case No. 58 of 2025) alleged under Section 305(a) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged theft of Rs. 1,00,000 and ornaments, relying mainly on a confessional statement of a co‑accused, with no material recovered from the petitioner. The petitioner contended he was falsely implicated, not named in the FIR, and that the confessional statement lacked evidentiary value; he also highlighted the lack of any incriminating evidence in his possession. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal antecedents. The Court, after considering the absence of direct evidence, the petitioner’s custody period, and the principle of bail, granted bail subject to a bond of Rs. 15,000 with two sureties and specific conditions, including family surety, regular court appearances, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to the accused in a theft case under Section 305(a) of the Bharatiya Nyaya Sanhita, 2023 in the absence of direct incriminating evidence.
- Whether the confessional statement of a co‑accused can be relied upon to justify continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a)
Subjects
- bail
- Section 305(a)
- theft
- confessional statement
- evidentiary value
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7796 of 2026
Arising Out of PS. Case No.-58 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Sanjay Yadav @ Fucho Yadav Son of Raghu Yadav Resident of Village-
Barari Terasi Tola, P.S.- Barari, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP T
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Kursela P.S. Case No. 58 of 2025, instituted for the offences
punishable under Section 305(a) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that theft of Rs.
1,00,000/-, golden and silver ornaments and other articles have
been committed in the house of the informant during her
absence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.7796 of 2026(2) dt.19-02-2026
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the petitioner also submitted that the petitioner is not named in
the FIR. Name of the petitioner has transpired in this case on the
basis of confessional statement made by co-accused person and
the same has got no evidentiary value. It is further submitted
that no stolen article has been recovered from the possession of
the petitioner. The petitioner has been arrested only on the basis
of suspicion and no specific allegation has been attributed
against him rather the same is general and omnibus in nature.
The petitioner is in custody since 08.09.2025 and has got twenty
criminal antecedents.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Kursela P.S. Case No. 58 of 2025,
subject to the following conditions:
Patna High Court CR. MISC. No.7796 of 2026(2) dt.19-02-2026
3/3
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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