Abhay Kumar @ Abhay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36677 of 2026 Arising Out of PS. Case No.-189 Year-2024 Thana- Marnga District- Purnia ====================================================== Abhay Kumar @ Abhay Yadav, S/o Ganga Prasad Yadav @ Ganga Yadav, R/o Village- Kabaiya, PS- Maranga, District- Purnia ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Maranga P.S. Case No.189 of 2024 registered under Sections 304(2) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. As per FIR, the mobile of informant was snatched by unknown co-accused persons on 28.08.2024 while he was returning after receiving treatment from one Dr. Rajesh Kumar.
4. It is submitted by learned counsel that mobile of informant was seized from one Piyush Anand and that too before one year, who disclosed the name of this petitioner
Patna High Court CR. MISC. No.36677 of 2026(2) dt.16-06-2026 2/3 saying that the mobile of informant was sold to him by this petitioner against cash of Rs.2,500/-. It is submitted that except said incriminating statement without any cogent material or documentary evidence, the petitioner was implicated with present case. It is submitted that no recovery of mobile was made from the possession of this petitioner. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and taking note of fact as recovery of alleged mobile of informant was made from co-accused persons, where implication of this petitioner is only with disclosure that he sold the stolen mobile to apprehended co-accused, without having any documentary evidence, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to 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 Chief Judicial Magistrate, Purnea in connection with
Patna High Court CR. MISC. No.36677 of 2026(2) dt.16-06-2026 3/3 Maranga P.S. Case No.189 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T