Patna High Court
Goresazan Basfor @ Gora Sajan BasforeversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, subject to bond and attendance conditions.
Summary
The petitioner, Goresazan Basfor, was charged under sections 305 and 331(4) of the BNS, 2023 for a theft alleged to have occurred at the informant's house. The prosecution's case relied primarily on the confessional statement of a co‑accused, Md. Jamshed, with no other material linking the petitioner to the offence. The petitioner contended that he was falsely implicated and had been in judicial custody since 2 August 2025. The State opposed bail, highlighting the petitioner's involvement in eleven other criminal cases. After considering the circumstances, the Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, regular court appearances, and weekly attendance at the police station.
Issues considered
- Whether regular bail can be granted to the petitioner despite the existence of eleven prior criminal cases.
- Whether the confessional statement of a co‑accused is sufficient ground to deny bail.
Legislation cited
- BNS, 2023 — s. 305, 331(4)
Subjects
- regular bail
- criminal antecedents
- confessional statement
- co‑accused
- theft
- judicial custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18223 of 2026
Arising Out of PS. Case No.-598 Year-2024 Thana- BHAGWAN BAZAR District- Saran
======================================================
Goresazan Basfor @ Gora Sajan Basfore Son of Late Umesh Basfor @ Late
Umesh Ram R/O Village - Indranagar Karim Chak, P.S. - Chapra Town, Dist.
- Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
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, 2023.
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
name of the petitioner has surfaced on the basis of the
confessional statement of co-accused, namely, Md. Jamshed.
Save and except the confessional statement of co-accused, there
is nothing against the petitioner to implicate him. Moreover, the
Patna High Court CR. MISC. No.18223 of 2026(2) dt.18-03-2026
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petitioner is languishing in judicial custody since 02.08.2025.
5. Learned APP appearing for the State has
vehemently 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. 598 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.
7. 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,
and mark his attendance once every week at Bhagwan Bazar
Police Station.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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