Patna High Court
Vivek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to payment of Rs.7,000 to the Chief Minister’s Relief Fund and compliance with specified bail conditions.
Summary
Vivek Yadav sought anticipatory bail after an FIR was lodged under Sections 303(2), 317(4), 317(5), 313 and 3(5) of the Bharatiya Nyaya Sanhita for alleged theft of diesel from a house that he shares with others. The prosecution’s case is based on statements of two arrested individuals who named Yadav as the person who escaped, although no diesel was recovered from his personal possession. Yadav contended that the house is a joint family residence and that the allegations are unsubstantiated, offering to contribute Rs.7,000 to the Chief Minister’s Relief Fund. The State opposed the bail, relying on the co‑accused’s statements. The Court, considering the joint‑house circumstance and the pending trial, granted anticipatory bail conditioned on the payment to the relief fund, a bail bond of Rs.10,000 with two sureties, and several compliance requirements, including regular appearances before the trial court and police station.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita offences alleged against him
- Whether the petitioner’s claim of joint house ownership and lack of personal possession of the seized diesel negates the necessity of pre‑trial detention
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 313, 317(4), 317(5), 3(5)
Subjects
- anticipatory bail
- theft of diesel
- joint house
- Bharatiya Nyaya Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90648 of 2025
Arising Out of PS. Case No.-287 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Vivek Yadav S/o Vinay yadav Resident of village - Rampur Khajuriya
Bishrampur,Dubauliya P.S-Dumariaghat, Dist- East Chmaparn
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the State : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Dumariaghat P.S. Case No. 287 of 2025
registered for the offence under Sections 303(2), 317(4), 317(5),
313 and 3(5) of the Bharatiya Nyaya Sanhita, lodged on
07.10.2025 by the informant, Rajiv Kumar.
3. As per the prosecution story, the informant alleged
that on secret information about theft of diesel on National
Highway-27, the house of the petitioner was raided. Ranjan
Kumar Yadav and Arun Yadav were arrested and they gave the
name of this petitioner as the person who escaped. There is
recovery/seizure of 70 liter diesel, this Led to the F.I.R.
4. Learned counsel for the petitioner submits that it is
a joint house, nothing recovered from his conscious possession,
only because the two apprehended persons named him,
implicated. Further, without accepting the allegation and/or the
Patna High Court CR. MISC. No.90648 of 2025(2) dt.15-01-2026
2/3
outcome of the present petition, learned counsel for the
petitioner submit that he intends to contribute Rs. 7,000/- to the
Chief Minister’s Relief Fund.
5. Learned APP opposes the prayer submitting that
the two apprehended persons have named him.
6. Taking into account the submissions of the parties
as also that recovery/seizure though is from a joint house,
Ranjan Kumar Yadav and Arun Yadav were arrested, F.I.R. is
there, the petitioner will be facing the trial, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail subject to payment of Rs. 7,000/- to the Chief Minister’s
Relief Fund through Demand Draft issued by the local branch of
State Bank of India/any Nationalized Bank and the receipt be
submitted to the learned trial Court.
7. Let the petitioner be released on bail in the event of
arrest or surrender 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 like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Motihari,
East Champaran, in connection with Dumariaghat P.S. Case
No. 287 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
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member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) 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/her
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month 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 bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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