Patna High Court
Dharmendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a cash bond of Rs.15,000 and conditions of appearance and non‑tampering with evidence.
Summary
The petitioner, Dharmendra Sah, was arrested in connection with a theft case (Mathurapur P.S. Case No. 24 of 2025) involving gold, cash and utensils. The prosecution alleged that unknown persons broke into a locked house and stole the items, and the petitioner was implicated based on the confessional statement of co‑accused Mukesh Kumar, though his name does not appear in the FIR and no stolen articles were recovered from him. The petitioner argued that he was falsely implicated, had been in custody since 15‑07‑2025, and possessed eight prior criminal convictions. The State opposed bail, citing the seriousness of the offences under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023. The Court, after considering the lack of direct evidence, the reliance on a co‑accused’s confession, and the period of custody, granted bail subject to a cash bond and specific conditions regarding appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner in a case of theft under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023, given the reliance on a co‑accused’s confessional statement and the petitioner’s prior criminal record.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- theft
- confessional statement
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Section 305
- Section 331(4)
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2207 of 2026
Arising Out of PS. Case No.-24 Year-2025 Thana- Mathurapur District- Samastipur
======================================================
Dharmendra Sah S/o Late Harekishun Sah @ Hare Krishna Sah Resident of
Village- Bellari, P.S.- Ujiarpur, District- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mathurapur P.S. Case No. 24 of 2025 instituted for the offences
under Sections 305, 331(4) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that the informant
alleges that during his absence, unknown persons broke into his
locked house and committed theft of about 350 grams of gold,
₹1,00,000/- cash, and brass utensils.
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. The name of the petitioner
Patna High Court CR. MISC. No.2207 of 2026(2) dt.21-01-2026
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transpired in this case on the basis of confessional statement of
the co-accused Mukesh Kumar. No incriminating/looted article
has been recovered from the conscious possession of the
petitioner. Learned counsel further submitted that petitioner has
got no concern with the stolen articles. Charge-sheet has been
submitted in this case. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 15.07.2025 and
has eight criminal antecedents.
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 Mathurapur P.S.
Case No. 24 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
Patna High Court CR. MISC. No.2207 of 2026(2) dt.21-01-2026
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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.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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