Patna High Court
Krishna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.) — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 317(2), 317(5), 318(4), 336(3), 338, 3(5)
- Cr.P.C. — s. 438(2)
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
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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
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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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