Sandeep Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Sandeep Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail 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 C.J.M., Gopalganj/concerned Court below in connection with Mirganj P.S. Case No. 186 of 2026, subject to the conditions that one bailor be a family member/close relative and that the petitioner co-operate in the trial/investigation.

Issue for consideration

Whether the petitioner, arraigned in Mirganj P.S. Case No. 186 of 2026 for offences punishable under Sections 317(5), 317(4), 338, 336(3) and 340(2) of B.N.S. on the allegation of being caught with a stolen motorcycle having no documents, should be released on bail.

Court's answer

Taking into consideration the facts and circumstances, and specifically that the mandatory provisions of search and seizure were violated, the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj/concerned Court below in connection with Mirganj P.S. Case No. 186 of 2026.

Ratio / Principle

The release on bail is made subject to conditions: (i) one of the bailors shall be a family member/close relative; and (ii) the petitioner shall co-operate in the trial/investigation.

Detailed headnote1 paragraphs

Bail granted — Offences punishable under Sections 317(5), 317(4), 338, 336(3) and 340(2) of B.N.S. — Allegation that petitioner was caught with a stolen motorcycle bearing no registration number and without documents — Mandatory provisions of search and seizure held violated; no independent witness to search and seizure — Petitioner in custody since 21.03.2026 and investigation almost at a close — Two criminal antecedents of similar nature but petitioner on bail in both — Held: bail granted on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned C.J.M., Gopalganj, subject to conditions that one bailor be a family member/close relative and that the petitioner co-operate in the trial/investigation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36528 of 2026

Arising Out of PS. Case No.-186 Year-2026 Thana- MIRGANJ District- Gopalganj

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

Sandeep Yadav Son of Ramesh Chaudhary Resident of Village- Mishrauli Tola Mustoli, P.S.- Mirganj, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashish Kumar Jha, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 11-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 317(5), 317(4), 338, 336(3) and 340(2) of B.N.S.

As per the prosecution case, the allegation against the petitioner is that he was caught with a stolen motorcycle having no documents.

Learned counsel for the petitioner submits that the petitioner was intercepted on a motorcycle by the police during patrolling on the pretext that he was on a motorcycle which was bearing no registration number and was thus assumed to be a stolen one. It is further submitted that the

Patna High Court CR. MISC. No.36528 of 2026(2) dt.11-06-2026 2/3

petitioner was made to admit that the said motorcycle was stolen property, however, the petitioner denies the allegations levelled against him. Further, there is no independent witness to search and seizure and the petitioner was implicated on account of his criminal antecedent in Excise cases. It has also been submitted that there is no material even evident from the bail rejection order with regard to any bonafide claimant of the said motorcycle. Petitioner is in custody since 21.03.2026 and the investigation is almost at a close.

Learned APP for the State opposed the grant of bail on the ground that the petitioner has two criminal antecedents of similar nature. However, in response it has been submitted that the petitioner is on bail in both the cases.

Taking into consideration the facts and circumstances and also considering the fact that the mandatory provisions of search and seizure have been violated, let the above named petitioner, be released on bail 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 C.J.M. Gopalganj/concerned Court below in connection with Mirganj P.S. Case No. 186 of 2026 subject to condition that:-

(i) One of the bailors shall be a family

Patna High Court CR. MISC. No.36528 of 2026(2) dt.11-06-2026 3/3

member/close relative.

(ii) The petitioner shall co-operate in the

trial/investigation.

(Soni Shrivastava, J)

anand/ayush/-

U T