Created by Fuzzy Cloud

Patna High Court

Arvind Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.