Patna High Court
Arvind Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to regular bail as the charge‑sheet is filed, no material evidence is against him, and there is no risk of absconding or tampering.
Summary
The petitioner, Arvind Kumar Sah, was arrested in connection with a robbery in which Rs. 44,110, a gold chain, and a vehicle key were stolen. The prosecution’s case relied solely on the confessional statement of a co‑accused, Shubham Kumar, and no stolen items or any other material evidence were recovered from the petitioner. The petitioner contended that he was falsely implicated and that there was no risk of him absconding or tampering with evidence, having been in custody since September 2025. The State opposed bail, arguing the seriousness of the offences under Sections 309(4) and 309(6) of the B.N.S. The Court noted that a charge‑sheet had already been filed, no incriminating material was found in the petitioner’s possession, and the period of custody already served. Accordingly, the Court granted regular bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charge‑sheet and reliance on a co‑accused’s confessional statement.
- Whether the absence of recovered stolen property or other material evidence justifies bail.
Legislation cited
- B.N.S. — s. 309(4), 309(6)
Subjects
- bail
- regular bail
- confessional statement
- charge-sheet
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.350 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- DHORAIYA District- Banka
======================================================
Arvind Kumar Sah S/O Ravi Sah R/O Vill.- Bhikhanpur, P.S- Bounsi, Dist-
Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Dhoraiya P.S. Case No. 159 of 2025 for the offences registered
under Sections 309(4), 309(6) B.N.S.
3. As per the prosecution case, when the informant
was returning to his office, three unknown persons on a
motorcycle came and looted Rs. 44110/- from his pocket,
golden chain from his neck and also took key of his vehicle and
fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case on the basis of confessional statement of co-accused
Shubham Kumar. There is no material against the petitioner,
Patna High Court CR. MISC. No.350 of 2026(3) dt.20-02-2026
2/2
except the confessional statement of the co-accused. There is no
recovery of any looted amount or article from the possession of
the petitioner. On the confessional statement, his name has been
implicated in three other cases. After completion of
investigation, charge-sheet has already been submitted. There is
no chance of absconding of the petitioner or tampering with the
evidence. Petitioner is in custody since 09.09.2025. He
undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, charge-sheet has
already been submitted, there is no recovery from possession of
the petitioner and also period of custody undergone, let the
petitioner, named above, be enlarged on bail upon furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned A.C.J.M. 1 st,
Banka in connection with Dhoraiya P.S. Case No. 159 of 2025,
G.R. No. 1596 of 2025.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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