Patna High Court
Abhi Nandan Kumar Yadav @ Abhi Nandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Abhi Nandan Kumar Yadav, sought bail in a robbery case under Section 392 of the Indian Penal Code, alleging false implication as his name was not in the FIR but was derived from a co-accused's confession. He had been in custody since 20-09-2025 and possessed four prior criminal antecedents, though no stolen items were recovered from him. The State opposed bail, emphasizing the seriousness of the offence and his antecedents. The Court considered the length of custody, the fact that a charge sheet had been filed, and the petitioner's claim of false implication. It decided to grant bail, subject to a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and required the petitioner to appear at every trial date.
Issues considered
- Whether bail should be granted to the accused in a robbery case under Section 392 IPC despite prior criminal antecedents.
- Whether the petitioner’s alleged false implication, given his name was not in the FIR but derived from a co-accused’s confession, warrants bail.
- Whether the submission of a charge sheet and the period of custody justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- false implication
- criminal antecedents
- surety
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91135 of 2025
Arising Out of PS. Case No.-61 Year-2024 Thana- BISHANPUR District- Darbhanga
======================================================
Abhi Nandan Kumar Yadav @ Abhi Nandan Yadav S/o- Garatu Yadav R/o
Village- Tata Lahi Ps-Bahadurpur Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bisanpur P.S. Case No. 61 of 2024 instituted for the offence
under Section 392 of the Indian Penal Code.
3. Prosecution case in short is that when the informant
was returning to his rented house and in the meantime, two
miscreants boarded on a motorcycle intercepted the informant
and snatched a bag containing jewellery, one mobile phone and
cash amounting to Rs. 32,000/- on the point of pistol and fled
away.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 20-09-2025. Petitioner
Patna High Court CR. MISC. No.91135 of 2025(2) dt.17-01-2026
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bears four criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Mahesh Yadav, who has been granted bail by
this Court vide order dated 28-10-2024, passed in Cr. Misc. No.
77954 of 2024. Nothing has been recovered from the possession
of the petitioner. Petitioner has got no concern with the stolen
articles. Charge sheet has been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge sheet being submitted, this Court is inclined to
grant bail to the petitioner.
8. Let the petitioner be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bisanpur P.S.
Patna High Court CR. MISC. No.91135 of 2025(2) dt.17-01-2026
3/3
Case No. 61 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to
cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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