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Patna High Court

Gora Sajan Basfor @ Sajan Basfor @ Gore BasforversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond and conditions.

Summary

The petitioner, Gora Sajan Basfor, was arrested on 1 July 2025 in connection with FIR No. 605 of 2024 alleging offences under Sections 305 and 331(4) of the Bihar Negotiable Instruments Act, 2023. He was not originally named in the FIR; his name was later identified from the confessional statement of a co‑accused, Ajay Kumar, who had already been granted bail. No turn‑in‑possession (TIP) had been conducted and no material had been recovered from the petitioner. The State opposed bail, highlighting that the petitioner has eleven other pending cases, though he is on bail in all of them. The Court, noting the lack of TIP, the fact that the co‑accused had been bailed, and the absence of any incriminating material, granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted when the petitioner’s name was derived solely from a co‑accused’s confessional statement and no TIP has been conducted.
  • Whether the petitioner’s other pending criminal cases justify denial of bail in the present matter.

Subjects

  • bail
  • confessional statement
  • turn‑in‑possession
  • criminal antecedent
  • co‑accused
  • Section 305
  • Section 331(4)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3492 of 2026
                   Arising Out of PS. Case No.-605 Year-2024 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Gora Sajan Basfor @ Sajan Basfor @ Gore Basfor S/o Late Umesh Basfor
                 Resident of Village- Indira Nagar Sarkari Bazar, P.S.- Chapra Town, Dist.-
                 Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-01-2026                  Heard Mr.Sanjeet Kumar Singh, learned counsel for

                   the petitioner and Mr.Umesh Lal Verma, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   01.07.2025 in connection with Bhagwan Bazar P.S. Case No.

                   605 of 2024, F.I.R. dated 26.11.2024 registered for the offence

                   punishable under Sections 305/331(4) of BNS, 2023.

                                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. Name of the petitioner has

                   been transpired during investigation on the basis of the

                   confessional statement of co-accused person. It appears from
Patna High Court CR. MISC. No.3492 of 2026(2) dt.21-01-2026
                                            2/3




          the FIR that till date no TIP has been conducted by the

          prosecution, nothing has been recovered from possession of the

          petitioner, petitioner has been remanded in the present case from

          another case on 01.07.2025 and co-accused person, namely,

          Ajay Kumar @ Ajay Basfor has been granted bail by this Court

          vide order dated 20.01.2026 passed in Cr. Misc. No.2026 of

          2026. The police, after investigation, submitted chargesheet

          against the petitioner and the petitioner is in custody since

          01.07.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries eleven 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.

                       6. Considering the aforesaid facts, name of the

          petitioner has been transpired during investigation on the basis

          of the confessional statement of co-accused person, co-accused

          person, namely, Ajay Kumar @ Ajay Basfor has been granted

          bail by this Court 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 learned
             Patna High Court CR. MISC. No.3492 of 2026(2) dt.21-01-2026
                                                         3/3




                       A.C.J.M.-II, Saran at Chapra/Concerned Court in connection

                       with Bhagwan Bazar P.S. Case No. 605 of 2024, 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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