Patna High Court
Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to a Rs.10,000 payment to the informant and specified conditions.
Summary
Petitioner Bablu Yadav was implicated in a theft case (Kawakole PS Case No. 346 of 2025) under Sections 303(2), 317(2) and 3(5) of the Bhartiya Nayay Sanhita, 2023, after an informant alleged that the petitioner had seen and later taken Rs.26,000 kept in his room. The police recovered Rs.3,000 from a co‑accused who identified the petitioner. The petitioner, who has no prior criminal record, applied for anticipatory bail and offered to pay Rs.10,000 to the informant via demand draft. The State opposed, citing the theft and the petitioner’s escape. The High Court, after considering the submissions and the petitioner’s clean antecedent, granted anticipatory bail under Section 438(2) of the Cr.P.C., subject to a bail bond of Rs.10,000, two sureties, and several conditions including regular appearance before the trial court and police, and a prohibition on tampering with witnesses.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the Cr.P.C. despite the theft allegations.
- Whether the condition of payment of Rs.10,000 to the informant is permissible as a condition of bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 303(2), 317(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- theft
- Section 438 CrPC
- Bhartiya Nayay Sanhita
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89495 of 2025
Arising Out of PS. Case No.-346 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Bablu Yadav S/O Rambriksh Yadav Resident Of Village- Bindichak, P.S-
Kawakole, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-01-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for
the petitioner and Mr. Kumar Veerendra Narayan, learned APP
for the State.
2. The petitioner is apprehending arrest in connection
with Kawakole P.S. Case No. 346 of 2025 instituted under
Sections 303(2), 317(2), 3(5) of the Bhartiya Nayay Sanhita,
2023 lodged on 23.08.2025 by the informant, Onkar Kumar.
3. As per the prosecution story, the informant alleged
that when he returned home, saw this petitioner standing there
who left the place and later, Jitendra came outside and he too
escaped. The informant had kept Rs.26000/- in his room which
was seen by this petitioner and led to the theft. This followed the
FIR.
4. Learned counsel for the petitioner submits that
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admittedly, the allegation is of 20.08.2025 while FIR was
lodged on 23.08.2025. Further, the Police alleged to have
recovered Rs.3000/- from Jitendra Kumar who gave the name of
the petitioner stating that he handed over the amount.
5. The submission is that it cannot be said that the said
amount belongs to the informant. Last submission is that since
allegation has been made against him, irrespective of the
outcome of the present case and/or accepting the allegation, the
petitioner intends to contribute Rs.10,000/- to the informant
through Demand Draft issued by the local State Bank of India
branch/Any Nationalized Bank to be submitted before the
concerned Court to be handed over to the informant after
checking the credentials.
6. Learned APP opposes the prayer submitting that the
petitioner being the servant escaped and the amount was
missing, rightly, though belatedly FIR has been lodged.
7. Considering the submissions of the parties as also
the materials on record, the petitioner has no criminal
antecedent, an undertaking on instruction has been given that he
shall be appearing diligently in trial, in that background, this
Court is inclined to extend him the privilege of anticipatory
bail subject to payment of Rs.10,000/- to the informant through
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Demand Draft issued by the local State Bank of India
branch/Any Nationalized Bank to be submitted before the
concerned Court to be handed over to the informant after
checking the credentials.
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Kawakole P.S. Case
No. 346 of 2025 to the satisfaction of learned Judicial
Magistrate-1st Class, Nawada subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
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police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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