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Patna High Court

Md. SahilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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