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Patna High Court - Orders

Naresh Yadav @ Naresh Kumar Yadav vs The State Of Bihar on 22 April, 2026

Author: Ashok Kumar Pandey

Bench: Ashok Kumar Pandey

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.26731 of 2026
                  Arising Out of PS. Case No.-72 Year-2026 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Naresh Yadav @ Naresh Kumar Yadav Son of Ram Chandra Prasad Yadav
                 Resident of Village- Laxmipur Gadariya Balganga, P.S.- Raghunathpur,
                 District- East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                          with
                             CRIMINAL MISCELLANEOUS No. 26800 of 2026
                  Arising Out of PS. Case No.-72 Year-2026 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Sandesh Sah S/o Rajeshwar Sah R/o - Balganga, P.S - Raghunathpur, District
                 - East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 26731 of 2026)
                 For the Petitioner/s     : Ms.Eashita Raj, Adv
                 For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
                 (In CRIMINAL MISCELLANEOUS No. 26800 of 2026)
                 For the Petitioner/s     : Ms.Eashita Raj, Adv
                 For the Opposite Party/s : Ms.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026

Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 331(4), 305, 324(4), 308(5), 3(5) of the BNS and Sections 457, 380, 427, 386, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.26731 of 2026(2) dt.22-04-2026 2/3

3. The case of the prosecution, in short, is that the petitioners, along with others, have committed theft of a battery, inverter, CPR, DVR, and motor pump from the shop of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It has further submitted that from perusal of the FIR, it is clear that the names of these petitioners have surfaced on the basis of suspicion, as the petitioner along with others have threatened the informant and have demanded Rs. 10,00,000/- as a levy, failing which the informant will have to face the consequences. Learned counsel for the petitioners further submits that as far as the petitioner, namely, Naresh Yadav, is concerned, during the course of investigation, he has given his confessional statement. Save and accept the confessional statement, there is nothing against them. Nothing has been recovered from the possession of these petitioners. Learned counsel further submits that as far as petitioner Naresh Yadav is concerned, on his confession, as mentioned in para. 24 of the case diary, he along with the petitioner and other co- accused persons committed theft in the informant's shop. Moreover, the petitioners are languishing in judicial custody Patna High Court CR. MISC. No.26731 of 2026(2) dt.22-04-2026 3/3 since 20.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submits that petitioner, namely, Naresh Yadav, has criminal antecedent of six cases, whereas the petitioner, namely, Sandesh Sah, has a criminal antecedent of three cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail with the condition that the petitioners shall co-operate in trial and shall remain physically present on each and every date fixed by the learned court below and one of the bailor should be his near relative. The above named petitioners are directed to be released on bail in connection with Raghunathpur P.S. Case No. 72 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., East-Champaran at Motihari.

(Ashok Kumar Pandey, J) niku/-

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