Patna High Court
Ram Briksha Yadav @ Rudal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Ram Briksha Yadav was arrested on 16 September 2025 in connection with FIR No. 238 of 2025 alleging theft of a vehicle and offences under Sections 303(2) and 62 of the Bihar Negotiable Instruments Act. The petitioner contended that the FIR was false, that the informant had not identified the vehicle, and that he had not committed any offence. The State opposed bail, noting a second pending case, though the petitioner was already on bail in that matter. The Court examined the allegations, the lack of detailed evidence, and the petitioner’s claim of innocence, and decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, cooperation with the trial, presence in court, and non‑tampering with evidence or witnesses, with provisions for cancellation if conditions are breached.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under Sections 303(2) and 62 of the Bihar Negotiable Instruments Act.
- Whether the alleged false and fabricated FIR negates the necessity of continued custody.
- Whether the existence of another case, albeit with bail already granted, impacts the bail application in the present case.
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 62
Subjects
- bail
- theft of vehicle
- false FIR
- Section 303(2)
- Section 62
- Bihar Negotiable Instruments Act
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88559 of 2025
Arising Out of PS. Case No.-238 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
Ram Briksha Yadav @ Rudal Yadav Son of Krishna Yadav @ Krishna Kumar
Yadav Resident of Village- Aurahi, P.S.- Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Kumari Pallavi, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mrs.Kumari Pallavi, learned counsel for the
petitioner and Mr.Jharkhandi Upadhyay, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
16.09.2025 in connection with Keoti P.S. Case No. 238 of 2025,
F.I.R. dated 15.09.2025 registered for the offence punishable
under Sections 303(2) and 62 of of BNS.
3. Allegation against the petitioner is that he was
apprehended by the informant and local people when he was
trying to commit theft of vehicle of the informant. The petitioner
was arrested at the spot.
4. Learned counsel for the petitioner submits that it
appears from the FIR that the informant has not disclosed the
details of the Car in question and petitioner has been caught
Patna High Court CR. MISC. No.88559 of 2025(3) dt.22-01-2026
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hold at the place of occurrence. Learned counsel for the
petitioner submits that the allegation as alleged in the FIR is
false and fabricated and the petitioner has not committed any
offence as alleged in the FIR and the police, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is in custody since 16.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries one more case other than the present one but
fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released 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 A.C.J.M.-IX, Darbhanga in
connection with Keoti P.S. Case No. 238 of 2025, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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