Santosh Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Santosh Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail in Turkauliya (Banjariya) P.S. Case No. 514 of 2018 after framing of charge, on a personal bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, subject to conditions (co-operation in trial and presence on every fixed date; bail bond cancellable for absence on two consecutive dates without sufficient reason).

Issue for consideration

Whether the petitioner, accused of offences punishable under Section 379 IPC in Turkauliya (Banjariya) P.S. Case No. 514 of 2018 and in judicial custody since 15.12.2024, should be enlarged on regular bail.

Court's answer

The petitioner is directed to be enlarged on bail in connection with Turkauliya (Banjariya) P.S. Case No. 514 of 2018, with effect after framing of charge.

Ratio / Principle

The enlargement is ordered to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, subject to conditions laid down by the Court.

Key takeaways

Condition of release: the petitioner shall co-operate in the trial and be present on each and every fixed date; on his absence on two consecutive dates without sufficient reason, his bail bond may be cancelled by the trial court.ratio¶28

Detailed headnote1 paragraphs

BAIL GRANTED AFTER FRAMING OF CHARGE — Patna High Court (S. B. Pd. Singh, J.), Criminal Miscellaneous No. 22041 of 2025, decided 29-04-2025, enlarged petitioner Santosh Yadav on regular bail in Turkauliya (Banjariya) P.S. Case No. 514 of 2018 (arising out of P.S. Case No. 514/Year 2018, Thana Turkauliya, District East Champaran), registered for offences punishable under Sections 379 of the Indian Penal Code. Allegation: co-accused Shambhu Sah took the informant's Bolero bearing Reg. No. BR-05P-7809 on a test drive and the vehicle later went missing; the petitioner was allegedly caught by police with the said vehicle. Order directs enlargement on bail after framing of charge, on a bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, subject to conditions: petitioner to co-operate in the trial and be present on each and every fixed date, and on absence on two consecutive dates without sufficient reason his bail bond may be cancelled by the trial court. Counsel recorded that the petitioner was in judicial custody since 15.12.2024, was on bail in allied Pachpakari P.S. Case No. 374 of 2018 instituted on his arrest with the same vehicle, and that two cases had been lodged against him for the same occurrence (point raised, not separately ruled upon). No precedent was cited by the Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22041 of 2025

Arising Out of PS. Case No.-514 Year-2018 Thana- TURKAULIYA District- East

Champaran

======================================================

Santosh Yadav Son of Late Bhikhari Prasad Yadav @ Bhikhari Yadav Resident of village - Parei, P.S.- Shikarganj, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 29-04-2025

Heard learned counsel for the petitioner and

learned APP for the State .

The petitioner has filed the instant application

for grant of regular bail in a case registered for the offences punishable under Sections 379 of the Indian Penal Code.

As per allegation, co-accused Shambhu Sah

came at the door of informant and inquired about purchasing his Bolero bearing Reg. No. BR-05P-7809 and

took a test drive. It is further alleged that after few days, informant did not find his vehicle on his door. Informant

Patna High Court CR. MISC. No.22041 of 2025(2) dt.29-04-2025 2/3

has strong suspicion that co-accused Shambhu Sah has stolen his vehicle. Allegedly the petitioner has been caught by the police with the aforesaid vehicle.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. During course of argument, learned counsel for the petitioner submitted that petitioner was arrested with the said bolero vehicle for which Pachpakari P.S. Case No. 374 of 2018 was instituted against him in which he is on bail. For the same occurrence, two cases has been lodged against the petitioner, which is not proper in the eye of law. Moreover, the petitioner is languishing in judicial custody since 15.12.2024.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on

Patna High Court CR. MISC. No.22041 of 2025(2) dt.29-04-2025 3/3

bail. The above named petitioner is directed to be enlarged on bail, after framing of charge , in connection with Turkauliya (Banjariya) P.S. Case No. 514 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, subject to the following conditions:-

(i) Petitioner shall co-operate in the trial and

shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond may be cancelled by the trial Court.

relative/family member of the petitioner.

(S. B. Pd. Singh, J)

Nirajkrs/-