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Patna High Court

Krishna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to bond, sureties and statutory conditions.

Summary

Krishna Yadav was named in an FIR for offences under Sections 317(2), 317(5), 318(4), 338, 336(3) and 3(5) of the Bhartiya Nyay Sanhita, 2023, after a stolen motorcycle was seized and a co‑accused disclosed his name. The petitioner applied for anticipatory bail, asserting that the stolen vehicle had not been recovered from his possession and that he has a clean antecedent. The State opposed the bail. The Court observed that the allegation against the petitioner was based solely on the co‑accused’s disclosure and that there was no prima facie material linking the petitioner to the stolen motorcycle. Considering his clean record, the Court ordered that he be granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, and conditioned on compliance with Section 438(2) of the Cr.P.C and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and the lack of prima facie evidence against him

Legislation cited

Subjects

  • anticipatory bail
  • stolen motorcycle
  • clean antecedent
  • Bhartiya Nyay Sanhita
  • Bhartiya Nagarik Suraksha Sanhita
  • Cr.P.C Section 438
  • Section 482
  • motor vehicle theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88420 of 2025
                      Arising Out of PS. Case No.-42 Year-2025 Thana- Karnamepur District- Bhojpur
                 ======================================================
                 Krishna Yadav Son of Daharu Yadav Village -Mahuar PS -Karnamepur
                 District -Bhojpur
                                                                       ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Awadhesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Karnamepur P.S.

                   Case No. 42 of 2025 registered for the offences punishable

                   under Sections 317(2), 317(5), 318(4), 338, 336(3) & 3(5)

                   of the Bhartiya Nyay Sanhita, 2023.

                             3. As per FIR, one motorcycle bearing registration No.

                   BR24y-5414 was seized by the informant, who is a police

                   personnel, which primarily found stolen motorcycle and upon

                   query apprehended co-accused person disclosed the name of

                   this petitioner.

                             4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.88420 of 2025(2) dt.17-02-2026
                                            2/3




          petitioner submitted that stolen motorcycle was recovered

          from possession of apprehended co-accused person and name

          of this petitioner transpired on the basis of suspicion arising

          out of disclosure made by apprehended co-accused person

          namely, Sonu Yadav. Petitioner claimed clean antecedent.

                   5. Learned A.P.P. for the State duly opposes the

          prayer for anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and by

          taking note of the fact as stolen motorcycle prima facie not

          appears to be recovered from possession of this petitioner

          where his name transpired out of suspicion arising out of

          disclosure made by apprehended co-accused persons, coupled

          with the fact that petitioner is a man of clean antecedent,

          accordingly, above-named petitioner, in the event of his

          arrest/surrender within a period of four weeks from this

          order, is directed to be enlarged on bail on furnishing of bail

          bond of Rs.10,000/- (ten thousand only) with two sureties of

          the like amount each to the satisfaction of learned A.C.J.M. -

          1st, Bhojpur at Ara/concerned court in connection with

          Karnamepur P.S. Case No. 42 of 2025,                 subject to the
           Patna High Court CR. MISC. No.88420 of 2025(2) dt.17-02-2026
                                                       3/3




                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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