Patna High Court
Arman Khan @ Bahadur KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail as he is not named in the FIR and no TIP has been conducted.
Summary
Arman Khan was arrested on 11‑December‑2025 in connection with a theft case (G.R. No.10413 of 2025) where the FIR did not name him. His alleged involvement emerged only from the confessional statement of a co‑accused, Raju Bansfor, and no turn‑in‑of‑property (TIP) has been conducted. The State opposed bail, citing four other cases (all of which the petitioner is on bail) and the recovery of stolen articles from his house. The petitioner’s counsel argued the lack of direct evidence and the absence of TIP. The Court held that, given the petitioner’s non‑naming in the FIR and the lack of TIP, bail should be granted, subject to conditions ensuring his cooperation, non‑tampering with evidence, and verification of his criminal antecedents.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and the only evidence is a co‑accused’s confessional statement.
- Whether the absence of a turn‑in‑of‑property (TIP) affects the grant of bail.
- Whether the petitioner’s other pending cases and recovered articles justify denial of bail.
Subjects
- bail
- theft
- confessional statement
- FIR
- turn‑in‑of‑property
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28632 of 2026
Arising Out of PS. Case No.-601 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Arman Khan @ Bahadur Khan S/O Asmuhamad Khan R/O Vill.- Bela
Mathiya, P.S.- Dariyapur, Dist.- Saran, Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushal Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-05-2026 Heard Mr.Kaushal Kumar, learned counsel for the
petitioner and Mr.Ashok Kumar Singh, learned APP for the
State.
2. The petitioner seeks bail, who is in custody since
11.12.2025 in connection with G.R.No.10413 of 2025
corresponding to Muffasil P.S. Case No. 601 of 2025, F.I.R.
dated 02.11.2025 registered for the offence punishable under
Sections 331(4),305 later on Section 317(2) and subsequently
Sections 317(4), 313 of BNS were added.
3. The FIR of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of the
confessional statement of co-accused person, namely, Raju
Patna High Court CR. MISC. No.28632 of 2026(2) dt.01-05-2026
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Bansfor and except the aforesaid, no other cogent material has
come during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries four more cases other than the present one but
fairly submits that the petitioner is on bail in all the cases, as
mentioned in para-3 of the bail petition. Further submits that
some theft articles has been recovered from the house of the
petitioner.
6. Learned counsel for the petitioner submits that the
recovered article from possession of the petitioner is not put on
TIP, even the petitioner has not been put on TIP as yet and the
police, after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 11.12.2025.
7. Considering the aforesaid facts, petitioner is not
named in the FIR, the name of the petitioner has been transpired
during investigation on the basis of the confessional statement
of co-accused person and till date no TIP has been conducted by
the prosecution, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.28632 of 2026(2) dt.01-05-2026
3/3
learned A.C.J.M.-1st Saran at Chapra in connection with
G.R.No.10413 of 2025 corresponding to Muffasil P.S. Case No.
601 of 2025,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) 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.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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