Patna High Court

Kamdev Yadav @ Kamdev KumarversusThe State of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated bond and conditions.

Summary

Petitioner Kamdev Yadav sought anticipatory bail after learning that he might be arrested in a case registered under Sections 379 and 411 of the IPC for the theft of diesel pump sets. The prosecution’s case is based on an informant’s allegation and a confession by co‑accused Dhananjay Kumar, which allegedly implicates the petitioner. The petitioner argued that he has a clean record, that the confession was made while in police custody and therefore lacks evidentiary value, and that he has been falsely implicated. He also pointed to a prior order granting anticipatory bail to a similarly situated co‑accused, Ravi Kumar, in Cr. Misc. No. 5543 of 2024. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
Whether a confessional statement made in police custody is admissible as evidence.
Whether the petitioner’s alleged involvement, based solely on the co‑accused’s confession, justifies denial of bail.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 379, 411

Subjects

anticipatory bail
confessional statement
police custody
theft
IPC
CrPC
bail conditions
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9848 of 2026
                        Arising Out of PS. Case No.-103 Year-2021 Thana- GURARU District- Gaya
                 ======================================================
                 Kamdev Yadav @ Kamdev Kumar Son of Basudeo Yadav Resident of
                 Village-Dhamaul, PS - Guraru, Dist- Gaya
                                                                 ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheikh Arkan Ahmad, Advocate
                 For the Opposite Party/s :       Mr. Rajiv Nayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   31-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 379 and

                   411 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 22.08.2021 in the night some unknown criminals

                   committed theft of three diesel pump sets and one Dhananjay

                   Kumar was apprehended based on whose confession the diesel

                   pump sets were recovered and the name of the petitioner also

                   transpired in the confessional statement of Dhananjay Kumar.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is further submitted that confessional statement in
           Patna High Court CR. MISC. No.9848 of 2026(3) dt.31-03-2026
                                                       2/2




                     police custody does not have any evidentiary value in the eye of

                     law. It is next submitted that similarly situated co-accused,

                     namely, Ravi Kumar has been granted the privilege of

                     anticipatory bail by an order dated 17.02.2024 in Cr. Misc. No.

                     5543 of 2024 passed by a learned Coordinate Bench of this

                     Court.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, let the petitioner, above-named, in the

                     event of his arrest or surrender within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending/Successor Court in connection

                     with Guraru P.S. Case No. 103 of 2021, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T

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