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Suraj Yadav v. The State of Bihar

Patna HC18 Sept 2025CR. MISC./64724/2025

Case brief

AI extract

What is this about?

Patna High Court bail order dated 18-09-2025 in Criminal Miscellaneous No.64724 of 2025 (arising out of Barari P.S. Case No. 94 of 2025, District Bhagalpur) by Justice Ashok Kumar Pandey granting regular bail to Suraj Yadav @ son of Ganga Yadav under Sections 303(2) and 317(2) BNS; key terms: recovery of stolen mobile, no conscious possession, recovery from grandfather's joint house property, judicial custody since 02.04.2025, criminal antecedent of two cases, bail bond Rs.10,000/- with two like sureties, satisfaction of Chief Judicial Magistrate Bhagalpur.

What did the court decide?

Regular bail granted: petitioner to be released in connection with Barari P.S. Case No. 94 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Suraj Yadav, accused under Sections 303(2) and 317(2) of the BNS in Barari P.S. Case No. 94 of 2025 and in judicial custody since 02.04.2025, should be enlarged on regular bail despite the State's objection based on his criminal antecedents.

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Court's answer

After hearing learned counsel for both sides and considering the facts and circumstances of the case, the court decided it was inclined to enlarge the petitioner on bail notwithstanding the alleged criminal antecedents.

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Ratio / Principle

The petitioner was directed to be released on bail in connection with Barari P.S. Case No. 94 of 2025 upon furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur.

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Detailed headnote1 paragraphs

Regular bail granted — Patna High Court (Ashok Kumar Pandey, J), Crl. Misc. No. 64724 of 2025, order dated 18-09-2025: Suraj Yadav, arrested in connection with Barari P.S. Case No. 94 of 2025 (Bhagalpur) for offences under Sections 303(2) and 317(2) of the BNS, was enlarged on bail on furnishing a bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur. Prosecution case was that the informant's stolen mobile was recovered from the petitioner's possession; counsel contended there was no recovery from his conscious possession, that the recovery was from his grandfather's joint house while the family attended a marriage ceremony (30.03.2025 to 02.04.2025), and that the petitioner was in judicial custody since 02.04.2025. The Additional Public Prosecutor opposed bail citing two criminal antecedents, but the Court, considering the facts and circumstances, inclined to grant bail.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64724 of 2025

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Arising Out of PS. Case No.-94 Year-2025 Thana- BARARI District- Bhagalpur

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Suraj Yadav S/O Ganga Yadav @ Ganga Prasad Yadav R/O Village-Bari Khanjarpur, PS-Barari, Distt-Bhagalpur ... ... Petitioner/s Versus

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The State of Bihar ... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 18-09-2025

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Heard learned counsel for the petitioner and Mr. Murli Dhar, learned APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 303(2) and 317(2) of the BNS.

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The case of the prosecution is that a mobile of the informant was stolen which was recovered from the possession of this petitioner.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence, rather he has falsely been implication in this case. Learned counsel has further submitted that nothing has been recovered from the conscious possession of the petitioner. Petitioner and his family members had gone to attend a marriage ceremony in another village on 30.03.2025 and he returned on 02.04.2025. In the absence of the petitioner and his family members local anti-social elements kept the said mobile in his house and the same has been recovered by the police and the petitioner was arrested. Learned

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Patna High Court CR. MISC. No.64724 of 2025(2) dt.18-09-2025 2/2

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counsel has also submitted that the house from which the recovery has been made belongs to the grandfather of the petitioner and no liability could be fastened upon this petitioner for the recovery made from the joint house property. Learned counsel has submitted that the petitioner is in judicial custody since 02.04.2025.

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Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of two cases.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barari P.S. Case No. 94 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.

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(Ashok Kumar Pandey, J)

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durgesh/-

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U T

Suraj Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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