Patna High Court
Gauri Shankar Sah @ Gauri SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioners, subject to conditions, as the allegations against them were limited to the purchase of looted articles and were based only on co‑accused statements.
Summary
The petitioners, Gauri Shankar Sah and Bittu Kumar, sought anticipatory bail after being implicated in a case under Section 310(2) of the B.N.S. for allegedly purchasing looted articles from co‑accused who were arrested. The FIR originally named five unknown persons, and the petitioners' names appeared only in the confessional statements of the arrested co‑accused, not in the original FIR. The petitioners argued they were merely shopkeepers who bought the stolen goods, had no role in the dacoity, and possessed no criminal antecedent. The State opposed the bail, contending the allegations were sufficient to justify detention. The Court held that, given the petitioners were not among the original accused and the case against them rested solely on co‑accused statements, anticipatory bail should be granted subject to conditions, including surrender within four weeks and furnishing a bail bond. Consequently, the petitioners were ordered to be released on bail with specified sureties and conditions under Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the accusation against the petitioners is based solely on the confessional statements of co‑accused persons.
- Whether the petitioners, not being among the five unknown persons named in the FIR, can be considered accused under Section 310(2) of the B.N.S.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- dacoity
- sale of looted articles
- criminal antecedent
- Section 310
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19566 of 2026
Arising Out of PS. Case No.-201 Year-2025 Thana- ARER District- Madhubani
======================================================
1. Gauri Shankar Sah @ Gauri Sah Son of Rajendra Sah Resident of Village-
Ramnagar, Chhatanwara, Ps- Benipur, Dist- Muzaffarpur
2. Bittu Kumar @ Bittu Sah Son of Gauri Shankar Sah @ Gauri Sah Resident
of Village- Ramnagar, Chhatanwara, Ps- Benipur, Dist- Muzaffarpur
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah
Mr. Archna Aanand
For the Opposite Party/s : Mr. Umeshanand Pandit
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Section 310(2)
of the B.N.S.
3. As per FIR, co-accused persons named in the FIR
have sold the looted articles to the petitioners. It is also alleged
that the petitioners are involved in the occurrence.
4. Learned counsel for the petitioners submits that the
the First Information Report had been lodged against five
unknown persons and subsequently during the course of
investigation at least four persons were arrested as would be
apparent from the bail rejection order itself. It has further been
Patna High Court CR. MISC. No.19566 of 2026(2) dt.06-04-2026
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submitted that a country made pistol was recovered from their
conscious possession and the name of the petitioners transpired
in the confessional statement of the apprehended accused before
the police that the cash and jewelry looted by them had been
sold to the petitioners, who were the shop keepers and were also
involved in the occurrence. It has also been submitted that the
allegations thus remain confined to only sale of the looted
articles and they have no role in committing any dacoity or
theft. Further the petitioners have no criminal antecedent.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioners
are not amongst the five unknown persons referred to in the
First Information Report who indulged in dacoity and they have
been made accused only on the basis of confessional statement
of co-accused persons, let the above named petitioners, who
have no criminal antecedent, in the event of their arrest or
surrender before the learned Court below within a period of
four weeks from today, be enlarged on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the
Patna High Court CR. MISC. No.19566 of 2026(2) dt.06-04-2026
3/3
satisfaction of the learned court below where the case is
pending/successor court in connection with Arer P.S. Case No.
201 of 2025, subject to the condition as laid down under Section
438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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