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2026 DAILYLAW 40538 (PAT)

Ghanshyam Yadav v. The State of Bihar

CR. MISC./75939/2025 · 2026-01-28

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75939 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- Kalyan Bigha District- Nalanda ====================================================== Ghanshyam Yadav S/O Sharwan Yadav R/v - Sagarpur,P.S - Kalayan Bigha, District -Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Kalyanbigha P.S. Case No. 66 of 2025 instituted for the offence under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that unknown miscreants took away the e-rickshaw of the informant. It is further alleged that they also took away one mobile phone along with cash of Rs. 1500/- 4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.09.2025. Petitioner bears one criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application. Patna High Court CR. MISC. No.75939 of 2025(3) dt.28-01-2026 2/3 5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co- accused, namely, Prem Kumar @ Teni. So far as recovery of five batteries is concerned, it is submitted that petitioner deals in repairing of batteries and none of the recovered batteries is of e- rickshaw. Other co-accused has been granted bail by this Court vide order dated 09.12.2025, passed in Cr. Misc. No. 82124 of 2025. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and manner of petitioner’s implication, this Court is inclined to grant bail to the petitioner. 8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanbigha P.S. Case No. 66 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the Patna High Court CR. MISC. No.75939 of 2025(3) dt.28-01-2026 3/3 family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T