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Patna High Court

Arvind Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/3




          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
           Patna High Court CR. MISC. No.111 of 2026(2) dt.20-01-2026
                                                       3/3




                     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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