Patna High Court
Dharamvir Yadav @ Dharamvir RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Dharamvir Yadav, applied for bail in a case registered under Section 317(2) of the BNS for allegedly keeping a stolen motorcycle at his residence. The prosecution alleged that a police raid recovered the stolen motorcycle from the petitioner's house, while the petitioner contended that the recovery was made outside his premises and that he was falsely implicated, having no prior criminal record. The charge sheet had been filed and the petitioner had been in custody since 24-10-2025. After hearing both sides, the court considered the circumstances, the charge sheet, and the length of custody, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 480(3) of the BNSS. The bail order also imposed conditions regarding attendance in court and the presence of a close relative as a bailor.
Issues considered
- Whether bail should be granted to the petitioner under Section 317(2) of the BNS considering the alleged recovery of stolen property and the petitioner's claim of innocence.
Legislation cited
Subjects
- bail
- criminal procedure
- Section 317
- Section 480
- theft
- stolen property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8261 of 2026
Arising Out of PS. Case No.-581 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Dharamvir Yadav @ Dharamvir Rai S/o Late Paso Rai @ Pato Rai R/V.-
Champapur, P.S.- Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhanshu Vaibhav, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Bhaktiyarpur P.S. Case No. 581 of 2025,
registered for the offences under Sections 317(2) of the BNS.
3. As per the prosecution case, police received
information about petitioner keeping a stolen motorcycle at his
house, a raid was conducted and petitioner was apprehended and
recovery of stolen motorcycle was made from the house of the
petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. The recovery of motorcycle has
not been made from the house of the petitioner but it was
Patna High Court CR. MISC. No.8261 of 2026(2) dt.17-02-2026
2/3
recovered outside the premises of the petitioner. There is no
report about lodging of a case about any stolen motorcycle. The
petitioner is having clean antecedent and he is in custody since
24.10.2025 and charge sheet has been submitted.
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 ACJM-III, Barh /concerned court, in
connection with Bhaktiyarpur P.S. Case No. 581 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
each and every date fixed by the court
below, if so required by the learned trial
court.
Patna High Court CR. MISC. No.8261 of 2026(2) dt.17-02-2026
3/3
(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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