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Patna High Court

Goresazan Basfor @ Gore Basfore @ Sajan BasforeversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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