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Patna High Court

Vivek YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
            Patna High Court CR. MISC. No.90648 of 2025(2) dt.15-01-2026
                                                        3/3




                      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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