Patna High Court
Arvind Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to the stipulated bond and conditions.
Summary
The petitioner, Arvind Kumar Sah, applied for bail in a case (Panjwara P.S. Case No. 67 of 2025) involving alleged theft of jewelry worth Rs. 30-35 lakh under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that three miscreants looted the jewelry, while the petitioner claimed he was falsely implicated, not named in the FIR, and that no T.I.P. had been conducted. The petitioner had been in custody since 26 June 2025 and possessed three prior criminal antecedents, but a co-accused had already been granted bail in a related matter. The State opposed the bail, citing the seriousness of the offence. Considering the lack of direct evidence against the petitioner, the duration of custody, and the precedent of bail to a co-accused, the court inclined to grant bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance and family surety.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 given the facts and his antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- theft
- Section 309(6) BNS
- Indian criminal law
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.111 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- PANJWARA District- Banka
======================================================
Arvind Kumar Sah S/o- Ravi Sah R/v- Bhikhanpur Ps- Bounsi Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Panjwara P.S. Case No. 67 of 2025 (G.R. No. 1815 of 2025)
instituted for the offences under Sections 309(6) of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 24.05.2025
while informant was going to his jewelry shop, in the
meanwhile, three miscreants riding on a motorcycle intercepted
him and looted jewelry worth of Rs. 30-35 Lakh.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. No incriminating/looted
article has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.111 of 2026(2) dt.20-01-2026
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petitioner. Learned counsel further submitted that petitioner has
got no concern with the stolen articles. Learned counsel further
submitted that T.I.P. has not been conducted till date to ascertain
the involvement of the petitioner in the alleged offence.
Charge-sheet has been submitted in this case. The name of the
petitioner has been disclosed by co-accused Shubham Kumar.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by a Co-ordinate Bench of this
Court vide order dated 13.01.2026 passed in Cr. Misc. No.
90890 of 2025. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 26.06.2025 and has three
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Panjwara P.S. Case
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No. 67 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the 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.
(Rudra Prakash Mishra, J)
manish/-
U T
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