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Patna High Court

Lal Deo Yadav @ Laldeo KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any incriminating article in the petitioner’s possession and given his clean antecedents, anticipatory bail under Section 482(2) of the B.N.S. is warranted.

Summary

The petitioner, Lal Deo Yadav, feared arrest in a case alleging offences under Sections 111, 317(3), 317(5), 61(2) of the B.N.S. and Sections 25(1‑b)a, 26 and 35 of the Arms Act for allegedly being the driver of a vehicle from which stolen electric wires were recovered. The prosecution’s case was based on the testimony of an informant and a confessional statement of co‑accused Mukesh Singh, while no incriminating article was found in the petitioner’s possession and he has a clean antecedent. The petitioner applied for anticipatory bail, which was opposed by the State. The court examined the nature of the accusation, the absence of material evidence against the petitioner, and his clean record. Considering these factors, the court granted anticipatory bail under Section 482(2) of the B.N.S., directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties if arrested within eight weeks. The order is subject to the conditions laid down by the Chief Judicial Magistrate, Motihari.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S. in view of the allegations under the B.N.S. and Arms Act.
  • Whether the confessional statement of a co‑accused is sufficient to justify denial of anticipatory bail when no incriminating article is found on the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • confession of co‑accused
  • clean antecedents
  • section 482
  • Arms Act
  • theft of electric wires
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87490 of 2025
                  Arising Out of PS. Case No.-519 Year-2024 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Lal Deo Yadav @ Laldeo Kumar, Son of Laxaman Yadav, Resident of
                 Village- Tikuliya, P.S.- Paharpur, District- East Champaran


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 111,

                   317(3), 317(5), 61(2) of the BNS and Section 25(1-b)a, 26, 35

                   of the Arms Act.

                                3. As per prosecution case, informant namely Jitendra

                   Kumar, alleged that on 20.11.2024, during the course of

                   patrolling, informant and officials suspected one vehicle in

                   which seven persons were sitting in suspicious condition and

                   then they later disclosed that they are involved in cutting

                   electric wire from pole and on search various items were

                   recovered like wire cutter, aluminium wire, plastic slippers and
Patna High Court CR. MISC. No.87490 of 2025(2) dt.15-01-2026
                                            2/3




          shoes etc.

                        4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence. Petitioner

          is alleged to be the driver of the Bolero pick up van from which

          which stolen electric wire was recovered. Petitioner has been

          made accused on the basis of confessional statement of co-

          accused Mukesh Singh. No incriminating article has been

          recovered from possession of this petitioner. Petitioner claims

          clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the nature of accusation, fact that no

          incriminating article has been recovered from conscious

          possession of this petitioner and clean antecedent, the prayer

          for grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail 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,

          Motihari, East Champaran, in connection with Paharpur P.S.
            Patna High Court CR. MISC. No.87490 of 2025(2) dt.15-01-2026
                                                        3/3




                      Case No. 519 of 2024, subject to condition as laid down under

                      Section 482(2) of the B.N.S.S.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T


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