Patna High Court
Sanoj Yadav @ Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding no sufficient material to justify continued detention.
Summary
The petitioner, Sanoj Yadav, was implicated in a case of assault and theft of Rs.10,000, a mobile phone and a bike, alleged to have been committed by unknown miscreants. During investigation, co‑accused Manish Kumar and Nayan Kumar gave confessional statements that named the petitioner, but no incriminating material was recovered from him and he has no prior criminal record. The petitioner, who has been in judicial custody since 25‑10‑2025, applied for regular bail under Section 309(6) of the Bihar Negotiable Instruments Act. The State opposed the bail, citing the confessional statements of the co‑accused. After hearing both sides, the court found the lack of material evidence against the petitioner and his clean antecedents sufficient to grant bail, directing him to furnish a bail bond of Rs.10,000 with two sureties. The petitioner was therefore released on bail.
Issues considered
- Whether the petitioner is entitled to bail despite confessional statements of co‑accused implicating him
- Whether the absence of seized material and lack of prior criminal record justify granting bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- bail
- confessional statement
- co‑accused
- assault
- theft
- Section 309
- Bihar Negotiable Instruments Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8348 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Sanoj Yadav @ Sanoj Kumar Son of Surendra Yadav @ Surendra Prasad
Resident of village - Karigadhi, P.S.- Parnadabar, District - Nawada, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anmol Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 309(6) of the
BNS.
3. The case of the prosecution, in short, is that
unknown miscreants have assaulted the informant while he was
at Gopi More. It is alleged that unknown miscreants took away
Rs.10,000/-, a mobile and bike from the informant.
4. Learned counsel for the petitioner has submitted
that FIR was lodged against unknown miscreants. During course
of investigation, Manish Kumar and Nayan Kumar have given
their confessional statement and the name of this petitioner has
surfaced in their confessional statement. It has further been
Patna High Court CR. MISC. No.8348 of 2026(2) dt.06-02-2026
2/2
submitted that nothing has been recovered from the possession
of this petitioner. Save and except the confessional statements of
the co-accused, nothing else is against the petitioner. It has
further been submitted that bike was recovered from the
possession of co-accused Nayan Kumar. The petitioner is having
no criminal antecedent and he is in judicial custody since
25.10.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Fatehpur P.S. Case No. 488 of 2025 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Gayaji.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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