Patna High Court
Goresazan Basfor @ Gore Basfore @ Sajan BasforeversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail, subject to a bond and conditions, as the evidence against him is limited to a co‑accused's confession.
Summary
The petitioner, Goresazan Basfor, was charged under sections 305 and 331(4) of the Bihar Negotiable Instruments Act for a theft alleged to have occurred at the informant's house. The prosecution's case rests solely on the confessional statement of a co‑accused, Md. Jamshed, with no material recovered from the petitioner and no other incriminating evidence. The petitioner contended that he was falsely implicated and had been in judicial custody since 26‑04‑2025. The State opposed bail, highlighting the petitioner's antecedent involvement in eleven criminal cases. The High Court, after considering the lack of direct evidence and the petitioner's right to liberty, granted regular bail on a bond of Rs.10,000 with two sureties, subject to his cooperation in the trial and weekly attendance at the police station. The order directs the Additional Chief Judicial Magistrate‑II, Saran, to release the petitioner upon compliance with the bail conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges under sections 305 and 331(4) of the BNS and prior criminal antecedents.
- Whether the confessional statement of a co‑accused alone justifies continued detention of the petitioner.
Legislation cited
- Bihar Negotiable Instruments Act — s. 305, 331(4)
Subjects
- regular bail
- criminal antecedents
- confessional statement
- co‑accused
- Bihar Negotiable Instruments Act
- sections 305
- section 331(4)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18046 of 2026
Arising Out of PS. Case No.-604 Year-2024 Thana- BHAGWAN BAZAR District- Saran
======================================================
Goresazan Basfor @ Gore Basfore @ Sajan Basfore S/O Late Umesh Basfor
@ Late Umesh Ram R/O Village- Indranagar sarkari bazar, P.S.- Chapra
Town, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 305 and
331 (4) of the BNS.
3. The case of the prosecution is that some unknown
miscreants had committed theft in the house of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
FIR was lodged against unknown miscreants. From perusal of
the order passed by the learned Trial Court, it transpires that the
name of this petitioner has surfaced on the basis of the
Patna High Court CR. MISC. No.18046 of 2026(2) dt.18-03-2026
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confessional statement of co-accused, namely, Md. Jamshed. It
is further submitted recovery, if any, has been made from the
possession of co-accused, Md. Jamshed. No recovery has been
made from the possession of this petitioner. Save and except the
confessional statement of co-accused, there is nothing against
the petitioner to implicate him. Moreover, the petitioner is
languishing in judicial custody since 26.04.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has 11
criminal antecedents.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Bhagwan Bazar P.S. Case No. 604 of
2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate -II, Saran at
Chapra.
6. However, it has been brought on record that the
petitioner has criminal antecedents in 11 cases. In such
circumstances, he is directed to cooperate in the trial, remain
physically present on each and every date fixed by the court,
Patna High Court CR. MISC. No.18046 of 2026(2) dt.18-03-2026
3/3
and mark his attendance once every week at Bhagwan Bazar
Police Station.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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