Created by Fuzzy Cloud

Patna High Court

Vishnu Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.4660 of 2026(2) dt.28-01-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.4660 of 2026(2) dt.28-01-2026
                                                        3/3




                      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


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.