Patna High Court - Orders
Shailesh Prasad Yadav @ Shailesh Kumar ... vs The State Of Bihar Through The Ats Bihar ... on 9 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2738 of 2025
In
CRIMINAL APPEAL (DB) No.558 of 2025
Arising Out of PS. Case No.-3 Year-2015 Thana- A.T.S District- Patna
======================================================
Shailesh Prasad Yadav @ Shailesh Kumar Prasad S/O- Late Ganauri Prasad
Yadav Village- Bahera Ps- Fatehpur Dist- Gaya
... ... Appellant/S
Versus
The State Of Bihar Through The Ats Bihar Patna Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar Pathak, Advocate
For the Respondent/s : Ms. Abha Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
ORAL ORDER
5 09-02-20261-Heard learned counsel for the appellant, learned Additional Public Prosecutor representing the State.
2-This appeal under Sections 415 (2) and 430(1) of B.N.S.S. has been preferred by the appellant namely, Shailesh Prasad Yadav against the judgment of conviction dated 07.04.2025 and order of sentence dated 11.04.2025 passed by learned Special Judge, A.T.S. Bihar, Patna in A.T.S. Special Case No. 03 of 2024 arising out of A.T.S. Bihar Patna Police Station Case No. of 03 of 2015, Under Sections 489(B), 489(C)/34 of the IPC District Patna, convicting and sentencing the appellant as under:-
(a) Four years' simple imprisonment and fine of Rs.
2,000/- for the offence under Section 489(B)/34 of IPC. Patna High Court CR. APP (SJ) No.2738 of 2025(5) dt.09-02-2026 2/5
(b) Three years' simple imprisonment and fine of Rs. 2,000/- for the offence under Section 489(C)/34 of IPC. All the sentences are ordered to run concurrently.
3-The appellant has prayed for suspension of his sentence and release on bail during the pendency of this Criminal Appeal before this Court.
4-As per the prosecution case in brief, it is alleged inter alia that upon receiving confidential information about smuggling and delivery of FICN, a team was constituted for follow up action and it is the case of the prosecution that five persons were apprehended. They were subjected to personal search in presence of two independent persons namely Jabbar and Kuldeep Prasad Yadav, which led to the recovery of FICN of the face value of Rs. 50,000/-from the possession of Abdul Rahman, recovery of FICN of the face value of Rs. 50,000/- from the possession of Kamlesh, recovery of FICN of the face value of Rs. 25,000/-from the possession of Shailesh, recovery of FICN of the face value of Rs. 50,000/-from the possession of Manish Kumar Singh and recovery of FICN of the face value of Rs. 25,000/-from the possession of Harendra Kumar Singh. As such total FICN of the face value of Rs. 2 lakhs were recovered from the possession of the accused persons along with their Patna High Court CR. APP (SJ) No.2738 of 2025(5) dt.09-02-2026 3/5 mobiles, I-Cards and ATM, etc. 5-It is argued by learned counsel for the appellant that the appellant is innocent and he has been falsely implicated in this case. Impugned judgment and order of conviction and sentence of the appellant is not sustainable in the eyes of the law. It is further submitted that as per the prosecution case there are two witnesses of the seizure list namely, Jabbar Khan and Kuldeep Prasad Yadav but prosecution did not produce both the independent witnesses before the trial Court whereas they were the star witnesses of the prosecution. Even the prosecution did not submit any explanation for not producing the independent witnesses of the alleged seizure. Much emphasis has been given by contending that Kuldeep Prasad Yadav who was independent witness of the seizure in question was produced by the defence and was examined as DW-3, who has stated inter-alia that his signature was obtained by the official concerned on blank papers. It is also pointed out that the alleged fake Indian currency in question, which is said to have been recovered in the matter were not sent for examination by printing press at Nasik or by RBI. Hence, except the oral allegation of the prosecution there is no admissible evidence on record to establish that the currency in question was the fake currency. Lastly, it is Patna High Court CR. APP (SJ) No.2738 of 2025(5) dt.09-02-2026 4/5 submitted that in case appellant is granted bail, he will not misuse the liberty of bail and will co-operate in early hearing of this appeal.
6-Learned A.P.P. for the State opposed the prayer for bail by contending that prosecution has proved it's case beyond reasonable doubt, hence at this stage presumption of innocence is not available to the appellant.
7-Having heard the learned counsel for the parties and examined the matter in it's entirety, I find that the submissions as raised on behalf of appellant has not been disputed by learned A.P.P. appearing on behalf of State. From the custody report dated 04.02.2026 issued by Deputy Inspector General, Adarsh Central Jail, Beur, Patna, I find that the appellant-Kamlesh Kumar has served one year seven months and twenty three days against the maximum sentence of four years. Considering the huge pendency of the cases, there is no likelihood for final hearing of this case before completing the entire sentence. There is no material on record to presume that there is danger, of course, of justice being thwarted by grant of bail to the appellant.
8-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, Patna High Court CR. APP (SJ) No.2738 of 2025(5) dt.09-02-2026 5/5 complicity of the accused, submissions of learned counsel for the parties and the reasons as mentioned above, this Court is of the opinion that the appellant is liable to be released on bail during pendency of this Criminal Appeal.
9-In view of the above, the sentence of the appellant shall remain suspended during the pendency of this Criminal Appeal.
10-Let the appellant-Shailesh Prasad Yadav @ Shailesh Kumar Prasad be enlarged on bail during pendency of this appeal in above Case on his furnishing bail bond of two sureties each in the like amount to the satisfaction of the Court concerned.
11-On acceptance of the bail bonds, the concerned Court below shall furnish the photocopy thereof to this Court for being kept on record of this Criminal Appeal.
12-Let this Criminal Appeal be listed in due course for hearing.
(Sanjay Kumar Singh , J) Raj Ranjan/-
U