Prakash yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Prakash yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail allowed in connection with Laraiyatad P.S. Case No.43 of 2024: release upon arrest or surrender within four weeks on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS 2023 conditions and automatic lapse if criminal antecedents are found as stated in paragraph No.3 of the bail application.

Issue for consideration

Whether petitioner Prakash Yadav should be granted pre-arrest bail in Laraiyatad P.S. Case No.43 of 2024 (Sections 379 and 414 IPC), where stolen motorcycles were allegedly recovered in a raid including from his house, but he was not arrested at the spot and his name surfaced only on the basis of the co-accused's confessional statement.

Court's answer

Pre-arrest bail granted: petitioner to be released on arrest or surrender before the learned district court within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of Ms. Shikha Kumari, J.M. 1st Class, Munger/concerned court, subject to conditions under Section 482(2) of BNSS of 2023; the stated grounds are that the petitioner was not arrested at the spot and his name surfaced only on the basis of the confessional statement of the co-accused.

Ratio / Principle

Conditional relief: the learned district court is directed to verify the petitioner's criminal antecedents, and if the petitioner is found involved in other cases as stated in paragraph No.3 of the bail application, this order will automatically lose its force.

Detailed headnote1 paragraphs

Pre-arrest bail – granted. Patna High Court (Purnendu Singh, J., oral order dated 09-07-2025, Criminal Miscellaneous No.35520 of 2025, arising out of Laraiyatad P.S. Case No.43 of 2024, District Munger, registered for offences under Sections 379 and 414 IPC) allowed the petitioner's prayer for pre-arrest bail. Per the FIR allegation, stolen motorcycles were recovered when police raided three houses of the accused persons including the petitioner. The court noted that the petitioner was not arrested at the spot and his name had surfaced only on the basis of the confessional statement of a co-accused, and directed his release on pre-arrest bail upon arrest or surrender within four weeks, on a bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Shikha Kumari, J.M. 1st Class, Munger/concerned court, subject to conditions under Section 482(2) of BNSS of 2023. The learned district court is to verify the petitioner's criminal antecedents; if involvement in other cases as stated in paragraph No.3 of the bail application is found, the order automatically loses its force. No precedent was cited and no dissent arose.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35520 of 2025

Arising Out of PS. Case No.-43 Year-2024 Thana- LADAIYATAR District- Munger

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

Prakash Yadav S/o Jago Yadav R/o Village- Birajpur (Pokharaiya), P.S.Laraiyatad, District- Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Kumar Kamal Nayan, Advocate For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 09-07-2025

Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

Petitioner seeks pre-arrest bail in connection with Laraiyatad P.S.Case No.43 of 2024 registered for the offences punishable under Sections 379 and 414 of the Indian Penal Code .

As per the allegation made in the FIR, after receiving the secret information, the Police conducted raid in three houses of the accused persons including the petitioner and the stolen motorcycles were recovered in course of the said raid.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent. At the time when the raid was conducted, the petitioner was not present in his house. Allegedly, one stolen was recovered from the house

Patna High Court CR. MISC. No.35520 of 2025(2) dt.09-07-2025 2/3

of the petitioner but the seizure list has not been handed over to the family members of the petitioner. Learned counsel further submitted that the petitioner has not been arrested at the spot and his name has surfaced on the basis of confessional statement of the co-accused.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the petitioner has not been arrested at the spot and his name has surfaced only on the basis of confessional statement of the coaccused, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Shikha Kumari, J.M. 1^st Class, Munger/concerned court, in connection with Laraiyatad P.S.Case No.43 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023

The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been

Patna High Court CR. MISC. No.35520 of 2025(2) dt.09-07-2025 3/3

stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J)

chn/-

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