Patna High Court
Vishnu Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner.
Summary
Vishnu Kumar Sah applied for bail in a case (Korha PS No.175 of 2025) alleging theft of gold, silver and cash, charged under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied on a confessional statement of a co‑accused and recovery of jewellery from the petitioner’s shop, but the petitioner was not named in the FIR and the seized items were not identified by the informant. The petitioner argued that the evidence was insufficient for continued detention and that bail had been denied solely on the basis of a pending similar case. The Additional Public Prosecutor opposed bail. After considering the submissions, the court held that the petitioner was entitled to bail and ordered his release upon furnishing bail bonds and sureties. The application for bail was therefore allowed.
Issues considered
- Whether bail can be granted when the sole basis of accusation is a co‑accused’s confessional statement without identification of the seized articles.
- Whether offences under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023, merit denial of bail.
- Whether the existence of another pending case against the petitioner precludes bail in the present matter.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- confessional statement
- identification parade
- theft
- Section 331(4) Bharatiya Nyaya Sanhita
- Section 305 Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4660 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- KORHA District- Katihar
======================================================
Vishnu Kumar Sah, aged about 28 years, Gender-M, S/O Shambhu Prasad
Sah @ Shambhu Sah, resident of Village- Sonarpatti Barari, P.S.-Barari,
District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Korha
PS Case No.175 of 2025 dated 26.07.2025, instituted for the
offence punishable under Sections 331(4), 305 of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that when the
informant returned to his residence in Fulbaria village after the
absence of twenty three days, he found the gate was locked from
inside, but the lock of courtyard of the house was broken and
the house had been ransacked. The Godrej lockers were found to
be opened and valuable items were missing. It is alleged that the
unknown thief had stolen approximately 400 Grams of gold and
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500 grans of silver ornaments as well as Rs.45,000/- in cash.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. Only on the basis of
confessional statement of co-accused, he has been made accused
in this case. Further submission is that on the basis of
confessional statement of the co-accused some recovery have
been made from the jewellery shop of the petitioner which is
being run by the petitioner. It is further submitted that the
articles which have been seized have not been put on test
identification parade by the informant or his parents. The
petitioner has a jewellery shop and the seized articles are not the
stolen articles, rather, those are common articles and usually
found in every jewellery shops. It is again submitted that the
prayer of the petitioner for bail has been rejected only on the
ground that one case of similar nature is pending against the
petitioner in which he has been granted bail. Lastly, it is
submitted that the petitioner is in custody since 22.08.2025
having one criminal case against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
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Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Chief Judicial Magistrate, Katihar,
in Korha PS Case No.175 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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