Created by Fuzzy Cloud

Patna High Court

Sanjay Yadav @ Fucho YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.