Patna High Court
Md. SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner on the condition of a bond, sureties, and compliance with Section 480(3) of the BNSS.
Summary
The petitioner, Md. Sahil, was arrested in connection with a theft of Rs. 80,000 and jewelry from an informant’s house, alleged under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied on the confession of co‑accused and a recovered sum of Rs. 25,540, but no stolen items were found on the petitioner and he was not identified on CCTV. The petitioner argued that he was falsely implicated, had a clean antecedent, and that the evidence against him was merely suspicion. The State opposed bail. The court, considering the lack of direct evidence, the petitioner’s clean record, the filing of the charge‑sheet, and the period of custody, granted bail subject to a Rs. 10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS. The bail order includes requirements for attendance and possible cancellation for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023 in the absence of direct or circumstantial evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4), 480(3)
Subjects
- bail
- theft
- Bharatiya Nyaya Sanhita
- Section 331
- Section 305
- clean antecedent
- suspicion
- charge-sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32426 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- SULTANGANJ District- Patna
======================================================
Md. Sahil S/o Md. Naushad R/o Mohammadpur, Shahganj, P.S.- Sultanganj,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amritanshu Raj, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sultanganj P.S. Case No. 49 of 2026 registered
for the alleged offences under Sections 331(4), 305 of Bharatiya
Nyaya Sanhita, 2023.
03. As per prosecution case, a theft was committed in
the night in the dwelling house of the informant and thieves
took away cash amount of Rs. 80,000 and a number of gold and
silver ornaments. The name of the petitioner transpired during
investigation for being involved in the said theft.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Petitioner was not apprehended from the spot and nothing
Patna High Court CR. MISC. No.32426 of 2026(2) dt.12-05-2026
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incriminating has been recovered from his person or possession.
He has been named in this case merely on suspicion. When the
co-accused Md. Rahman And Md. Rashid were arrested on the
basis of the CCTV footage, the name of the petitioner surfaced
for the first time in the confessional statement of co-accused
persons. Learned counsel submits that no recovery of any stolen
article has been made from the possession of petitioner and a
sum of Rs. 25,540/- which has allegedly been recovered has no
nexus with the alleged occurrence. Moreover, petitioner was not
seen on CCTV and there appears no direct or circumstantial
evidence. The recovery of cash amount shown from the
petitioner is irrelevant and unconnected to the alleged
occurrence. The petitioner is having clean antecedent and is in
custody since 05.02.2026. Charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and his clean antecedent
along with submission of charge-sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.32426 of 2026(2) dt.12-05-2026
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amount each to the satisfaction of learned Sub Divisional
Judicial Magistrate, Patna City, Patna/court concerned in
connection with Sultanganj P.S. Case No. 49 of 2026 subject to
the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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