Patna High Court
Gora Sajan Basfor @ Sajan Basfor @ Gore BasforversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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